Joseph E. Lewis - Page 19




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          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.”               







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