Janet N. Moore - Page 5




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            collection against petitioner.  Petitioner filed an objection to                           
            respondent's motion to dismiss.                                                            
            This matter was called for hearing at the Court's motions                                  
            session in Washington, D.C.  Counsel for respondent appeared at                            
            the hearing and argued in support of the motion to dismiss.  No                            
            appearance was made by or on behalf of petitioner at the hearing.                          
            Discussion                                                                                 
                  Section 6321 provides that, if any person liable to pay any                          
            tax neglects or refuses to pay the same after demand, the amount                           
            shall be a lien in favor of the United States upon all property                            
            and rights to property, whether real or personal, belonging to                             
            such person.  Section 6323 generally requires the Commissioner to                          
            file a Notice of Federal Tax Lien with the appropriate State                               
            office or the local Federal District Court.                                                
                  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, including notice of the administrative                           
            appeals available to the taxpayer, before proceeding with                                  
            collection by levy on the taxpayer's property.                                             
                  In the Internal Revenue Service Restructuring and Reform Act                         
            of 1998 (RRA 1998), Pub. L. 105-206, sec. 3401, 112 Stat. 685,                             






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