Lucielle J. Offiler, a.k.a. Lucille Offiler - Page 6




                                        - 6 -                                         
          1998 (RRA 1998), Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746,            
          Congress enacted new sections 6320 (pertaining to liens)3 and               
          6330 (pertaining to levies) to provide what have been described             
          as “due process” protections for taxpayers in tax collection                
          matters.4  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 due process hearing) and if               
          dissatisfied, with judicial review of the administrative                    
          determination.  In pertinent part, section 6330 provides:                   
               SEC. 6630(a)  Requirement of Notice Before Levy.--                     
                    (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.                                              
                    (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                   

               3There is nothing in the record to indicate that respondent            
          issued a notice regarding the filing of a lien or that any                  
          determination was ever made with respect to matters covered by              
          sec. 6320.  The Feb. 1, 1999, notice is a notice of intent to               
          levy, which is governed by sec. 6330.                                       
               4While these provisions have been described in terms of “due           
          process”, they are legislative enactments.                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011