- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008