Salvatore A. D'Onofrio - Page 6




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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.  Determination To Proceed With Collection                               
               Section 6330(a) provides that no levy may be made on any               
          property or right to property of any person unless the Secretary            
          has notified such person in writing of the right to a hearing               
          before the levy is made.  If the person makes a request for a               
          hearing, a hearing shall be held before an impartial officer or             
          employee of the Internal Revenue Service Office of Appeals.  Sec.           
          6330(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.  Sec. 6330(c)(2)(A).                               
               Following a hearing, the Appeals Office must make a                    
          determination whether the proposed levy action may proceed.  In             
          so doing, 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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