John Ballard - Page 9




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               Q-E8. How will Appeals issue its determination?                        
               A-E8. (i) Taxpayers will be sent a dated Notice of                     
               Determination by certified or registered mail.  The                    
               Notice of Determination will set forth Appeals’                        
               findings and decisions.  It will state whether the IRS                 
               met the requirements of any applicable law or                          
               administrative procedure; it will resolve any issues                   
               appropriately raised by the taxpayer relating to the                   
               unpaid tax; it will include a decision on any                          
               appropriate spousal defenses raised by the taxpayer; it                
               will include a decision on any challenges made by the                  
               taxpayer to the appropriateness of the collection                      
               action; it will respond to any offers by the taxpayer                  
               for collection alternatives; and it will address                       
               whether the proposed collection action represents a                    
               balance between the need for the efficient collection                  
               of taxes and the legitimate concern of the taxpayer                    
               that any collection action be no more intrusive than                   
               necessary.  The Notice of Determination will also set                  
               forth any agreements that Appeals reached with the                     
               taxpayer, any relief given the taxpayer, and any                       
               actions the taxpayer or the IRS are required to take.                  
               Lastly, the Notice of Determination will advise the                    
               taxpayer of the taxpayer’s right to seek judicial                      
               review within 30 days of the date of the Notice of                     
               Determination.                                                         
          None of these findings and decisions are set forth in IRS Letter            
          2081(CG).                                                                   
               Petitioner contends that application of the protections                
          provided under section 6330 to withholding of income tax is                 
          clearly implied by Congressional intent.  We disagree.  There is            
          nothing in the legislative history of the Internal Revenue                  
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,              
          112 Stat. 685, that would indicate that Congress intended to                
          include withholding of income tax as the type of collection                 
          action for which a hearing must be offered to the taxpayer.  We             







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