Robert C. MacElvain - Page 9




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          Victoria Osborn.  The Court rejected Ms. Osborn's proposed                  
          testimony after a brief voir dire revealed that she did not have            
          any firsthand knowledge regarding petitioner's above-described              
          Tax Court cases assigned docket Nos. 37347-84, 29751-88, 21830-             
          89, and 20618-90.                                                           
          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 upon property belonging to the taxpayer.           
          Section 6331(d) provides that the Secretary is obliged to provide           
          the taxpayer with notice before proceeding with collection by               
          levy on the taxpayer's property, including notice of the                    
          administrative appeals available to the taxpayer.                           
               In the Internal Revenue Service Restructuring and Reform Act           
          of 1998, Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746, Congress           
          enacted new sections 6320 (pertaining to liens) and 6330                    
          (pertaining to levies) to provide protections for taxpayers in              
          tax collection matters.  Section 6330 generally provides that the           
          Commissioner cannot proceed with the collection of taxes by way             
          of a levy on a taxpayer's property until the taxpayer has been              
          given notice of, and the opportunity for, an administrative                 
          review of the matter (in the form of an Appeals Office hearing);            
          if dissatisfied with the outcome of such hearing, the taxpayer              







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