Estate of Melvine B. Atkinson, Deceased, Christopher J. MacQuarrie, Personal Representative - Page 12




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          timely request a taxpayer is entitled to a collection hearing               
          before the IRS Office of Appeals.  Sec. 6330(a)(3)(B) and (b)(1).           
               At the collection hearing, the taxpayer may raise “any                 
          relevant issue relating to the unpaid tax or the proposed levy,”            
          including appropriate spousal defenses, challenges to the                   
          appropriateness of collection actions, and offers of collection             
          alternatives.  Sec. 6330(c)(2)(A).  The taxpayer may not contest            
          the validity of the underlying tax liability unless the taxpayer            
          did not receive a notice of deficiency for such tax liability or            
          did not otherwise have an opportunity to dispute the tax                    
          liability.  Sec. 6330(c)(2)(B).  In rendering a determination,              
          the Appeals officer must verify that the requirements of any                
          applicable law and administrative procedure have been met.  Also,           
          the Appeals officer must consider and weigh relevant issues                 
          relating to the unpaid tax or proposed levy, and “whether any               
          proposed collection action balances the need for the efficient              
          collection of taxes with the legitimate concern of the person               
          that any collection action be no more intrusive than necessary.”            
          Sec. 6330(c)(3)(C).                                                         
               The taxpayer is entitled to appeal the determination of the            
          Appeals Office if made on or before October 16, 2006, to the Tax            
          Court or a U.S. District Court, depending on the type of tax at             










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