- 19 - collection action begins before disputing the liability. Such a concern was raised in Secretary Rubin’s letter to Ways and Means Committee Chairman Archer, in which he warned that the expansive Senate bill would “encourage * * * [taxpayers] to ignore their liability until a collection action begins in earnest”. Letter from Robert E. Rubin, supra. The regulations do not create such a new remedy for nondeficiency liabilities, and there is nothing in the Code or the legislative history of the Restructuring and Reform Act to suggest that this is unreasonable. The fact that no prepayment judicial forum is prescribed for certain tax liabilities does not mean that a taxpayer is without a forum to dispute these liabilities. Upon notice and demand for payment of a tax liability, a taxpayer may seek review of the liability by filing a protest with the Commissioner’s Appeals Office. Secs. 601.103(c), 601.106, Statement of Procedural Rules. The Appeals Office then provides a taxpayer with an informal conference in which he or she may present evidence and arguments in support of the position disputing the liability. See sec. 601.106(c), Statement of Procedural Rules. The Appeals officer has the “exclusive and final authority” to determine the liability. Sec. 601.106(a)(1), Statement of Procedural Rules. Further, the Appeals procedures provide that the Appeals officer is duty bound “to determine the correct amount of the tax, with strict impartiality between the taxpayer and the Government.”Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007