Robert L. Perkins - Page 8




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          unpaid taxes at issue before the hearing.  Sec. 6330(b)(1), (3).            
          The Appeals officer or employee shall at the hearing obtain                 
          verification that the requirements of any applicable law or                 
          administrative procedure have been met.  Sec. 6330(c)(1).  The              
          taxpayer may raise at the hearing "any relevant issue relating to           
          the unpaid tax or the proposed levy".  Sec. 6330(c)(2)(A).  The             
          taxpayer may also raise challenges to the existence or amount of            
          the underlying tax liability at a hearing if the taxpayer did not           
          receive a statutory notice of deficiency with respect to the                
          underlying tax liability or did not otherwise have an opportunity           
          to dispute that liability.  Sec. 6330(c)(2)(B).  A taxpayer is              
          treated as not having had an opportunity to dispute a liability             
          that is reported as due on a return.  Montgomery v. Commissioner,           
          122 T.C. 1 (2004).  An opportunity to dispute the underlying                
          liability that precludes a taxpayer from challenging it in a                
          section 6330 hearing includes a prior opportunity for a                     
          conference with the Commissioner's Office of Appeals when the               
          taxpayer availed himself of that opportunity.  Lewis v.                     
          Commissioner, 128 T.C. 48, 61 (2007); see also sec. 301.6330-               
          1(e)(3), Q&A-E2, Proced. & Admin. Regs.                                     
               At the conclusion of the hearing, the Appeals officer or               
          employee must determine whether and how to proceed with                     
          collection and shall take into account (i) the verification that            
          the requirements of any applicable law or administrative                    







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Last modified: November 10, 2007