- 12 - send the written notice prescribed by section 6320(a)5 to petitioner at his last known address. Notice of Intent To Levy 1. Petitioner’s Failure To Make a Timely Request for Hearing The notice of intent to levy, which was dated October 25, 1999, was mailed to petitioner at his last known address no later than October 26, 1999. Petitioner received the notice of levy on October 27, 1999. The notice informed petitioner that he had 30 days from the date of the notice to file a request for an Appeals Office hearing. On December 1, 1999, the Appeals Office received by mail petitioner’s request for a hearing. The request arrived at the Appeals Office in an envelope bearing a U.S. Postal Service postmark date of November 30, 1999. Because the 30-day time period prescribed in section 6330(a)(2) and (3)(B) and (b) for filing a timely request for an Appeals Office hearing expired no later than November 25, 1999, it follows that petitioner’s request was untimely. As a consequence of petitioner’s failure to make a timely request for an Appeals Office hearing, the Appeals Office was not obliged to conduct the administrative hearing contemplated under section 6330(b). 5 Petitioner may yet have the opportunity to obtain an Appeals Office hearing with respect to the notice required by sec. 6320(a) inasmuch as respondent purportedly issued a “substitute” notice to petitioner on or about Mar. 6, 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011