Kenneth A. Sapp - Page 11

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          verification that the requirements of any applicable law or                 
          administrative procedure have been met.  Sec. 6330(c)(2).  The              
          taxpayer may raise at the hearing "any relevant issue relating to           
          the unpaid tax or the proposed levy".  Sec. 6330(c)(2)(A).  The             
          taxpayer may also raise challenges to the existence or amount of            
          the underlying tax liability at a hearing if the taxpayer did not           
          receive a statutory notice of deficiency with respect to the                
          underlying tax liability or did not otherwise have an opportunity           
          to dispute that liability.  Sec. 6330(c)(2)(B).  The underlying             
          tax liability that may be challenged includes amounts reported as           
          due on a return.  Montgomery v. Commissioner, supra at 1.                   
               At the conclusion of the hearing, the Appeals officer or               
          employee must determine whether and how to proceed with                     
          collection and shall take into account (i) the verification that            
          the requirements of any applicable law or administrative                    
          procedure have been met, (ii) the relevant issues raised by the             
          taxpayer, (iii) challenges to the underlying tax liability by the           
          taxpayer, where permitted, and (iv) whether any proposed                    
          collection action balances the need for the efficient collection            
          of taxes with the legitimate concern of the taxpayer that the               
          collection action be no more intrusive than necessary.  Sec.                
          6330(c)(3).                                                                 
               We have jurisdiction to review the Appeals officer's                   
          determination where we have jurisdiction over the type of tax               






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Last modified: May 25, 2011