Craig H. Bond and Jennifer Bond - Page 5




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          specific facts showing that there is a genuine issue for trial.”            
          Rule 121(d); Dahlstrom v. Commissioner, supra at 820-821.                   
          II.  Section 6330(d) Review                                                 
               Under section 6320(a), the Secretary2 is required to notify            
          the taxpayer in writing of the filing of a Federal tax lien and             
          to inform the taxpayer of his right to a hearing.  If the                   
          taxpayer makes a request for a hearing under section 6320, a                
          hearing shall be held before an impartial officer or employee of            
          the Internal Revenue Service (IRS) Office of Appeals.  Sec.                 
          6320(b)(1), (3).  At the hearing, a taxpayer may raise any                  
          relevant issue, including appropriate spousal defenses,                     
          challenges to the appropriateness of the collection action, and             
          collection alternatives.3  Sec. 6330(c)(2)(A).  A taxpayer may              
          contest the existence or amount of the underlying tax liability             
          if the taxpayer failed to receive a notice of deficiency for the            
          tax liability in question or did not otherwise have an earlier              
          opportunity to dispute the tax liability.  Sec. 6330(c)(2)(B);              
          see also Sego v. Commissioner, 114 T.C. 604, 609 (2000).  Receipt           

               2 The term “Secretary” means “the Secretary of the Treasury            
          or his delegate”, sec. 7701(a)(11)(B), and the term “or his                 
          delegate” means “any officer, employee, or agency of the Treasury           
          Department duly authorized by the Secretary of the Treasury                 
          directly, or indirectly by one or more redelegations of                     
          authority, to perform the function mentioned or described in the            
          context”, sec. 7701(a)(12)(A).                                              
               3 Sec. 6320(c) provides that sec. 6330(c), (d) (other than             
          par. (2)(B)), and (e) shall apply for purposes of the sec. 6320             
          hearing.                                                                    






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