Edward Fong - Page 5




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               A section 6330 hearing will be conducted if the taxpayer               
          submits a timely written request in response to the section                 
          6330(a) notice.  Sec. 6330(b) and (c).  The taxpayer must request           
          the section 6330 hearing within the 30-day period commencing on             
          the day after the date of the section 6330(a) notice.  Sec.                 
          6330(a)(3)(B); sec. 301.6330-1(b)(1), Proced. & Admin. Regs.  If            
          a taxpayer makes a timely request for a section 6330 hearing, a             
          hearing shall be held before an impartial officer or employee of            
          the Appeals Office.5  Sec. 6330(b)(1), (3).  Following a section            
          6330 hearing, an Appeals officer will issue a notice of                     
          determination indicating whether the proposed levy action may               
          proceed.6  Sec. 301.6330-1(e)(3), Q&A-E8, Proced. & Admin. Regs.            
          Under section 6330(d)(1), the taxpayer may petition this Court to           



               5 At the sec. 6330 hearing, a taxpayer may raise any                   
          relevant issue, including appropriate spousal defenses,                     
          challenges to the appropriateness of the collection action, and             
          collection alternatives.  Sec. 6330(c)(2)(A).  Taxpayers are                
          precluded from contesting the existence or amount of the                    
          underlying tax liability unless the taxpayer failed to receive a            
          notice of deficiency for the tax 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).                                                                     
               6 In making its determination, the Appeals Office is                   
          required to take into consideration:  (1) The verification                  
          presented by the Secretary that the requirements of applicable              
          law and administrative procedures have been met; (2) the relevant           
          issues raised by the taxpayer; and (3) whether the proposed levy            
          action appropriately balances the need for efficient collection             
          of taxes with a taxpayer’s concerns regarding the intrusiveness             
          of the proposed levy action.  Sec. 6330(c)(3).                              





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