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Internal Revenue Code, § 6330. Notice And Opportunity For Hearing Before Levy

I.R.C. § 6330(a) Requirement Of Notice Before Levy
I.R.C. § 6330(a)(1) In General
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 their right to a hearing under this section before such levy is made. Such notice shall be required only once for the taxable period to which the unpaid tax specified in paragraph (3)(A) relates.
I.R.C. § 6330(a)(2) Time And Method For Notice
The notice required under paragraph (1) shall be—
I.R.C. § 6330(a)(2)(A)
given in person;
I.R.C. § 6330(a)(2)(B)
left at the dwelling or usual place of business of such person; or
I.R.C. § 6330(a)(2)(C)
sent by certified or registered mail, return receipt requested, to such person's last known address;
not less than 30 days before the day of the first levy with respect to the amount of the unpaid tax for the taxable period.
I.R.C. § 6330(a)(3) Information Included With Notice
The notice required under paragraph (1) shall include in simple and nontechnical terms—
I.R.C. § 6330(a)(3)(A)
the amount of unpaid tax;
I.R.C. § 6330(a)(3)(B)
the right of the person to request a hearing during the 30-day period under paragraph (2); and
I.R.C. § 6330(a)(3)(C)
the proposed action by the Secretary and the rights of the person with respect to such action, including a brief statement which sets forth—
I.R.C. § 6330(a)(3)(C)(i)
the provisions of this title relating to levy and sale of property;
I.R.C. § 6330(a)(3)(C)(ii)
the procedures applicable to the levy and sale of property under this title,
I.R.C. § 6330(a)(3)(C)(iii)
the administrative appeals available to the taxpayer with respect to such levy and sale and the procedures relating to such appeals;
I.R.C. § 6330(a)(3)(C)(iv)
the alternatives available to taxpayers which could prevent levy on property (including installment agreements under section 6159); and
I.R.C. § 6330(a)(3)(C)(v)
the provisions of this title and procedures relating to redemption of property and release of liens on property.
I.R.C. § 6330(b) Right To Fair Hearing
I.R.C. § 6330(b)(1) In General
If the person requests a hearing in writing under subsection (a)(3)(B) and states the grounds for the requested hearing, such hearing shall be held by the Internal Revenue Service Independent Office of Appeals.
I.R.C. § 6330(b)(2) One Hearing Per Period
A person shall be entitled to only one hearing under this section with respect to the taxable period to which the unpaid tax specified in subsection (a)(3)(A) relates.
I.R.C. § 6330(b)(3) Impartial Officer
The hearing under this subsection shall be conducted by an officer or employee who has had no prior involvement with respect to the unpaid tax specified in subsection (a)(3)(A) before the first hearing under this section or section 6320. A taxpayer may waive the requirement of this paragraph.
I.R.C. § 6330(c) Matters Considered At Hearing
In the case of any hearing conducted under this section--
I.R.C. § 6330(c)(1) Requirement Of Investigation
The appeals officer shall at the hearing obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met.
I.R.C. § 6330(c)(2) Issues At Hearing
I.R.C. § 6330(c)(2)(A) In General
The person may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy, including—
I.R.C. § 6330(c)(2)(A)(i)
appropriate spousal defenses;
I.R.C. § 6330(c)(2)(A)(ii)
challenges to the appropriateness of collection actions, and
I.R.C. § 6330(c)(2)(A)(iii)
offers of collection alternatives, which may include the posting of a bond, the substitution of other assets, an installment agreement, or an offer-in-compromise.
I.R.C. § 6330(c)(2)(B) Underlying Liability
The person may also raise at the hearing challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.
I.R.C. § 6330(c)(3) Basis For The Determination
The determination by an appeals officer under this subsection shall take into consideration—
I.R.C. § 6330(c)(3)(A)
the verification presented under paragraph (1);
I.R.C. § 6330(c)(3)(B)
the issues raised under paragraph (2); and
I.R.C. § 6330(c)(3)(C)
whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary.
I.R.C. § 6330(c)(4) Certain Issues Precluded
An issue may not be raised at the hearing if—
I.R.C. § 6330(c)(4)(A)
I.R.C. § 6330(c)(4)(A)(i)
the issue was raised and considered at a previous hearing under section 6320 or in any other previous administrative or judicial proceeding; and
I.R.C. § 6330(c)(4)(A)(ii)
the person seeking to raise the issue participated meaningfully in such hearing or proceeding;
I.R.C. § 6330(c)(4)(B)
the issue meets the requirement of clause (i) or (ii) of section 6702(b)(2)(A); or
I.R.C. § 6330(c)(4)(C)
Editor's Note: Pub. L. 114-74, Sec. 1101(d), added subpar. (C) generally effective with respect to returns filed for partnership taxable years beginning after December 31, 2017; however, Act Sec. 1101(g)(4) provides that partnerships may elect the amendments made by Act Sec. 1101 (other than the election under Code Sec. 6221(b)) to apply to any return of the partnership filed for partnership taxable years beginning after Nov. 2, 2015, and before Jan. 1, 2018.
a final determination has been made with respect to such issue in a proceeding brought under subchapter C of chapter 63.
This paragraph shall not apply to any issue with respect to which subsection (d)(3)(B) applies.
I.R.C. § 6330(d) Proceeding After Hearing
I.R.C. § 6330(d)(1) Petition For Review By Tax Court
The person may, within 30 days of a determination under this section, petition the Tax Court for review of such determination (and the Tax Court shall have jurisdiction with respect to such matter).
I.R.C. § 6330(d)(2) Suspension Of Running Of Period For Filing Petition In Title 11 Cases
In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter.
I.R.C. § 6330(d)(3) Jurisdiction Retained At IRS Independent Office Of Appeals
The Internal Revenue Service Independent Office of Appeals shall retain jurisdiction with respect to any determination made under this section, including subsequent hearings requested by the person who requested the original hearing on issues regarding—
I.R.C. § 6330(d)(3)(A)
collection actions taken or proposed with respect to such determination; and
I.R.C. § 6330(d)(3)(B)
after the person has exhausted all administrative remedies, a change in circumstances with respect to such person which affects such determination.
I.R.C. § 6330(e) Suspension Of Collections And Statute Of Limitations
I.R.C. § 6330(e)(1) In General
Except as provided in paragraph (2), if a hearing is requested under subsection (a)(3)(B), the levy actions which are the subject of the requested hearing and the running of any period of limitations under section 6502 (relating to collection after assessment), section 6531 (relating to criminal prosecutions), or section 6532 (relating to other suits) shall be suspended for the period during which such hearing, and appeals therein, are pending. In no event shall any such period expire before the 90th day after the day on which there is a final determination in such hearing. Notwithstanding the provisions of section 7421(a), the beginning of a levy or proceeding during the time the suspension under this paragraph is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this paragraph to enjoin any action or proceeding unless a timely appeal has been filed under subsection (d)(1) and then only in respect of the unpaid tax or proposed levy to which the determination being appealed relates.
I.R.C. § 6330(e)(2) Levy Upon Appeal
Paragraph (1) shall not apply to a levy action while an appeal is pending if the underlying tax liability is not at issue in the appeal and the court determines that the Secretary has shown good cause not to suspend the levy.
I.R.C. § 6330(f) Exceptions
If—
I.R.C. § 6330(f)(1)
the Secretary has made a finding under the last sentence of section 6331(a) that the collection of tax is in jeopardy,
I.R.C. § 6330(f)(2)
the Secretary has served a levy on a State to collect a Federal tax liability from a State tax refund,
I.R.C. § 6330(f)(3)
the Secretary has served a disqualified employment tax levy, or
I.R.C. § 6330(f)(4)
the Secretary has served a Federal contractor levy,
this section shall not apply, except that the taxpayer shall be given the opportunity for the hearing described in this section within a reasonable period of time after the levy.
I.R.C. § 6330(g) Frivolous Requests For Hearing, Etc.
Notwithstanding any other provision of this section, if the Secretary determines that any portion of a request for a hearing under this section or section 6320 meets the requirement of clause (i) or (ii) of section 6702(b)(2)(A), then the Secretary may treat such portion as if it were never submitted and such portion shall not be subject to any further administrative or judicial review.
I.R.C. § 6330(h) Definitions Related To Exceptions
For purposes of subsection (f)—
I.R.C. § 6330(h)(1) Disqualified Employment Tax Levy
A disqualified employment tax levy is any levy in connection with the collection of employment taxes for any taxable period if the person subject to the levy (or any predecessor thereof) requested a hearing under this section with respect to unpaid employment taxes arising in the most recent 2-year period before the beginning of the taxable period with respect to which the levy is served. For purposes of the preceding sentence, the term “employment taxes” means any taxes under chapter 21, 22, 23, or 24.
I.R.C. § 6330(h)(2) Federal Contractor Levy
A Federal contractor levy is any levy if the person whose property is subject to the levy (or any predecessor thereof) is a Federal contractor.
(Added by Pub. L. 105-206, title III, Sec. 3401(b), July 22, 1998, 112 Stat 685; amended by Pub. L. 106-554, Sec. 313, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 109-280, title VIII, Sec. 855, Aug. 17, 2006, 120 Stat. 780; Pub. L. 109-432, div. A, title IV, Sec. 407(b), Dec. 20, 2006, 120 Stat. 2922; Pub. L. 110-28, title VIII, Sec. 8243, May 25, 2007, 121 Stat. 112; Pub. L. 111-240, title II, Sec. 2104, Sept. 27, 2010, 124 Stat. 2504; Pub. L. 114-74, title XI, Sec. 1101(d), Nov. 2, 2015; Pub. L. 114-113, Div. Q, Sec. 424(b), Dec. 18, 2015; Pub. L. 115-141, Div. U, title IV, Sec. 401(a)(281)-(282), Mar. 23, 2018, 132 Stat. 348; Pub. L. 116-25, title I, Sec. 1001(b)(1)(C), (b)(3), July 1, 2019, 133 Stat. 981.)
BACKGROUND NOTES
Amendments to Subchapter
1966--Pub. L. 89-719, title I, 104(j), Nov. 2, 1966, 80 Stat. 1138, inserted “and return property” in item 6343.
AMENDMENTS
2019 — Subsec. (b)(1), (d)(3). Pub. L. 116-25, title I, Sec. 1001(b)(1)(C), amended subpar. (b)(1) and (d)(3) by substituting “Internal Revenue Service Independent Office of Appeals” for “Internal Revenue Service Office of Appeals”.
Subsec. (d)(3). Pub. L. 116-25, title I, Sec. 1001(b)(3), amended the heading by adding ‘‘INDEPENDENT’’ after ‘‘IRS’’.
2018 - Subsec. (c). Pub. L. 115-141, Div. U, Sec. 401(a)(281), amended subsec. (c) by substituting “ subsection (d)(3)(B)” for “subsection (d)(2)(B)”.
Subsec. (d)(2). Pub. L. 115-141, Div. U, Sec. 401(a)(282), amended par. (2) by substituting a period for “, and”.
2015 - Subsec. (d)(1). Pub. L. 114-113, Div. Q, Sec. 424(b)(1)(B), amended the heading of par. (1) by substituting “PETITION FOR REVIEW BY TAX COURT” for “JUDICIAL REVIEW OF DETERMINATION”.
Subsec. (d)(1). Pub. L. 114-113, Div. Q, Sec. 424(b)(1)(A), amended par. (1) by substituting “petition the Tax Court for review of such determination” for “appeal such determination to the Tax Court”.
Subsec. (d)(2)-(3). Pub. L. 114-113, Div. Q, Sec. 424(b)(1)(C)-(D), amended subsec. (d) by redesignating par. (2) as par. (3) and by adding a new par. (2).
Subsec. (c)(4). Pub. L. 114-74, Sec. 1101(d), amended par. (4) by striking “or” at the end of subpar. (A), by substituting “; or” for the period at the end of subpar. (B), and by adding subpar. (C).
2010 - Subsec. (f). Pub. L. 111-240, Sec. 2104(c), amended the heading of subsec. (f) by substituting “Exceptions” for “Jeopardy And State Refund Collection”
Subsec. (f)(2)-(4). Pub. L. 111-240, Sec. 2104(a), amended subsec. (f) by striking “or” at the end of par. (2); by inserting “ or” at the end of par. (3); and by adding par. (4).
Subsec. (h). Pub. L. 111-240, Sec. 2104(b), amended subsec. (h) by substituting “‘(h) Definitions Related to Exceptions- For purposes of subsection (f)--(1) DISQUALIFIED EMPLOYMENT TAX LEVY- A disqualified employment tax levy is” for “(h) Disqualified Employment Tax Levy.— For purposes of subsection (f), a disqualified employment tax levy is” and by adding par. (2).
2007 - Subsec. (f). Pub. L. 110-28, Sec. 8243(a), amended subsec. (f) by substituting a comma for “; or” at the end of par. (1), by adding “or" at the end of par. (2); and by adding par. (3).
Subsec. (h). Pub. L. 110-28, Sec. 8243(b), added subsec. (h).
2006 - Subsec. (b)(1). Pub. L. 109-432, Sec. 407(b)(3), amended par. (1) by substituting “in writing under subsection (a)(3)(B) and states the grounds for the requested hearing” for “under subsection (a)(3)(B)”.
Subsec. (c)(4). Pub. L. 109-432, Sec. 407(b)(2), amended par. (4) by striking “(A)” and inserting “(A)(i); by striking “(B)” and inserting “(ii)”; by striking the period at the end of the first sentence and inserting “; or”; and by inserting a new subpar. (B) after subpar. (A)(ii) (as so redesignated).
Subsec. (g). Pub. L. 109-432, Sec. 407(b)(1), added subsec. (g).
Subsec. (d)(1). Pub. L. 109-280, Sec. 855(a), amended par. (1). Before amendment, it read as follows:
“(1) Judicial review of determination. --
“The person may, within 30 days of a determination under this section, appeal such determination--
“(A) to the Tax Court (and the Tax Court shall have jurisdiction with respect to such matter), or
“(B) if the Tax Court does not have jurisdiction of the underlying tax liability, to a district court of the United States.
“If a court determines that the appeal was to an incorrect court, a person shall have 30 days after the court determination to file such appeal with the correct court.”
2000 - Subsec. (d)(1)(A). Pub. L. 106-554, Sec. 313(d), substituted “with respect to” for “to hear”.
Subsec. (e)(1). Pub. L. 106-554, Sec. 313(b), added the last sentence to par. (1).
EFFECTIVE DATE OF 2019 AMENDMENTS
Amendments by Pub. L. 116-25, title I, Sec. 1001(b)(1)(C), (b)(3), effective on the date of the enactment of this Act [Enacted: July 1, 2019].
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendments by Pub. L. 115-141, Div. U, Sec. 401(a)(281)-(282), effective March 23, 2018.
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendments by Pub. L. 114-113, Div. Q, Sec. 424(b), effective for petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act [Enacted: Dec. 18, 2015].
Pub. L. 114-74, Sec. 1101(g) provided:
“(g) EFFECTIVE DATE.—
“(1) IN GENERAL.— Except as otherwise provided in this subsection, the amendments made by this section shall apply to returns filed for partnership taxable years beginning after December 31, 2017.
“(2) ADMINISTRATIVE ADJUSTMENT REQUESTS.— In the case of administrative adjustment request under section 6227 of such Code, the amendments made by this section shall apply to requests with respect to returns filed for partnership taxable years beginning after December 31, 2017.
“(3) ADJUSTED PARTNERS STATEMENTS.— In the case of a partnership electing the application of section 6226 of such Code, the amendments made by this section shall apply to elections with respect to returns filed for partnership taxable years beginning after December 31, 2017.
“(4) ELECTION.— A partnership may elect (at such time and in such form and manner as the Secretary of the Treasury may prescribe) for the amendments made by this section (other than the election under section 6221(b) of such Code (as added by this Act)) to apply to any return of the partnership filed for partnership taxable years beginning after the date of the enactment of this Act [Enacted: Nov. 2, 2015] and before January 1, 2018.”
EFFECTIVE DATE OF 2010 AMENDMENTS
Amendments by Sec. 2104 of Pub. L. 111-240 effective for levies issued after the date of the enactment of this Act [Enacted: Sept. 27, 2010].
EFFECTIVE DATE OF 2007 AMENDMENTS
Amendments by Sec. 8243 of Pub. L. 110-28 effective for levies served on or after the date that is 120 days after the date of the enactment of this Act [Enacted: May 25, 2007].
EFFECTIVE DATE OF 2006 AMENDMENTS
Amendments by Sec. 407(b) of Pub. L. 109-432 effective for submissions made and issues raised after the date on which the Secretary first prescribes a list under section 6702(c) of the Internal Revenue Code of 1986, as amended by subsection (a).
Amendment by Sec. 855 of Pub. L. 109-280 effective for determinations made after the date which is 60 days after the date of the enactment of this Act [Enacted: Aug. 17, 2006].
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Sec. 313(b) of Pub. L. 106-554 is effective on the date of the enactment of this Act [Enacted: Dec. 21, 2000].
Amendment by Sec. 313(d) of Pub. L. 106-554 is effective as if included in the provisions of the IRS Restructuring and Reform Act of 1998 to which it relates [collection actions initiated after the date that is 180 days after the date of the enactment of this Act].
EFFECTIVE DATE
Effective for collection actions initiated after the date which is 180 days after the date of the enactment of this Act [Enacted: July 22, 1998].