A Notice for Hearing upon IRS Filing of Notice of Lien, IRC 6320

A Notice for Hearing upon IRS Filing of Notice of Lien 

Once a tax liability or penalty has been assessed by the IRS against the taxpayer, a federal tax lien automatically attaches to the liability. But, until the IRS issues a Notice of Federal Tax Lien, the enforcement remains between the Internal Revenue Service and the taxpayer. When a Notice of Federal Tax Lien is filed, it puts creditors and other Third Parties on Notice that the IRS has a Federal Tax Lien — and this can negatively impact the taxpayer’s day-to-day existence. Therefore, once a Notice of Federal Tax Lien has been issued, the taxpayer has an opportunity for a notice of hearing in accordance with Internal Revenue Code section 6320. Let’s look at the basics of this code section:

26 U.S. Code § 6320 (Notice and Opportunity for Hearing Upon Filing of Notice of Lien)

(a) Requirement of notice

• • • (1) In general

      • The Secretary shall notify in writing the person described in section 6321 of the filing of a notice of lien under section 6323.

    • (2) Time and method for notice

      • The notice required under paragraph (1) shall be—

        • (A) given in person;

        • (B) left at the dwelling or usual place of business of such person; or

        • (C)sent by certified or registered mail to such person’s last known address, not more than 5 business days after the day of the filing of the notice of lien.

    • (3) Information included with notice

      • The notice required under paragraph (1) shall include in simple and nontechnical terms—

        • (A) the amount of unpaid tax;

        • (B) the right of the person to request a hearing during the 30-day period beginning on the day after the 5-day period described in paragraph (2);

        • (C) the administrative appeals available to the taxpayer with respect to such lien and the procedures relating to such appeals;

        • (D) the provisions of this title and procedures relating to the release of liens on property; and

        • (E) the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, revocation, or limitation of passports of individuals with such debts pursuant to section 32101 of the FAST Act.

(b) Right to a Fair Hearing

• • • (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.

    • (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.

    • (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 6330. A taxpayer may waive the requirement of this paragraph.

    • (4) Coordination with section 6330

      •  To the extent practicable, a hearing under this section shall be held in conjunction with a hearing under section 6330. (c)Conduct of hearing; review; suspensions For purposes of this section, subsections (c), (d) (other than paragraph (3)(B) thereof), (e), and (g) of section 6330 shall apply.

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