Rose Lynn Richmond - Page 8




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               prepayment credit.  * * *  Appeals at this time is not                 
               changing a decision by the Tax Court.                                  
               Petitioner filed with the Court a timely petition seeking              
          review of respondent’s determination.  Petitioner asserts that              
          respondent erred in determining that she may not dispute the                
          amount of her unpaid tax for the taxable year 1998 by claiming              
          that she is entitled to prepayment credits from the taxable years           
          1982 and 1985.                                                              
                                       OPINION                                        
          Collection Procedures                                                       
               Section 6330(a) provides the general rule that the Secretary           
          may not levy on any property or right to property of any taxpayer           
          unless the Secretary has provided 30 days’ advance notice to the            
          taxpayer of the right to an administrative hearing before the               
          levy is carried out.3  If a taxpayer makes a timely request for             
          an administrative hearing, a hearing shall be conducted by the              
          IRS Office of Appeals (Appeals Office) before an impartial                  
          officer.  Sec. 6330(b)(1), (3).  The procedures for the                     
          administrative hearing are set forth in section 6330(c).  First,            
          the Appeals officer must obtain verification from the Secretary             
          that the requirements of any applicable law or administrative               


               3  Sec. 6330 was enacted under the Internal Revenue Service            
          Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206,           
          sec. 3401, 112 Stat. 746, and is effective with respect to                  
          collection actions initiated more than 180 days after July 22,              
          1998, RRA 1998 sec. 3401(d), 112 Stat. 750.                                 





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