- 47 - (e) Matters considered at CDP hearing.--(1) In general.--Appeals has the authority to determine the validity, sufficiency, and timeliness of any CDP Notice given by the IRS and of any request for a CDP hearing that is made by a taxpayer. Prior to issuance of a determination, the hearing officer is required to obtain verification from the IRS office collecting the tax that the requirements of any applicable law or administrative procedure have been met. The taxpayer may raise any relevant issue relating to the unpaid tax at the hearing, including appropriate spousal defenses, challenges to the appropriateness of the proposed collection action, and offers of collection alterna- tives. The taxpayer also may raise challenges to the existence or amount of the tax liability specified on the CDP Notice for any tax period shown on the CDP Notice if the taxpayer did not receive a statutory notice of deficiency for that tax liability or did not otherwise have an opportunity to dispute that tax liability. Finally, the taxpayer may not raise an issue that was raised and considered at a previous CDP hearing under section 6320 or in any other previous administrative or judicial proceeding if the taxpayer participated meaningfully in such hearing or proceed- ing. Taxpayers will be expected to provide all rele- vant information requested by Appeals, including finan- cial statements, for its consideration of the facts and issues involved in the hearing. Petitioner’s reliance on the above-quoted regulation is misplaced. We find (1) no requirement in that regulation that the Appeals Office use as a taxpayer’s RCP an amount of RCP previously determined by respondent’s collection division and (2) no prohibition in that regulation on the Appeals Office’s requiring a taxpayer to submit a new, updated offer-in-compromise accompanied by a new, updated Form 433-A.27 27Part 5.8.5.2.2 of the IRM (Nov. 15, 2004) requires any agent of the Commissioner who investigates an offer-in-compromise to request updated financial information from the taxpayer if the (continued...)Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: March 27, 2008