Michael J. Yacksyzn - Page 9




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          Respondent contends that petitioner is barred under section                 
          6330(c)(2)(B) from challenging the existence or amount of his tax           
          liability in this proceeding because he received a notice of                
          deficiency.  Respondent also contends that the Appeals officer’s            
          review of the transcripts of account, which were provided to                
          petitioner before the Appeals Office hearing, satisfied the                 
          verification requirement of section 6330(c)(1).  Finally,                   
          respondent contends that petitioner’s behavior warrants the                 
          imposition of a penalty under section 6673.                                 
               Petitioner filed an Objection to respondent’s motion.                  
          Thereafter, pursuant to notice, respondent’s motion was called              
          for hearing at the Court's motions session in Washington, D.C.              
          Discussion                                                                  
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by levy on the person’s property.  Section                 
          6331(d) provides that at least 30 days before enforcing                     
          collection by way of a levy on the person's property, the                   
          Secretary is obliged to provide the person with a final notice of           
          intent to levy, including notice of the administrative appeals              
          available to the person.                                                    
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by way of a levy until the person has               






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Last modified: May 25, 2011