Joseph D. and Wanda S. Lunsford - Page 2




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               requires the Court to look behind the notice of                        
               determination to see whether a proper hearing                          
               opportunity was given in order to decide whether the                   
               notice was valid.                                                      

               Joyce M. Griggs, for petitioners.                                      
               Ross M. Greenberg, for respondent.                                     


                                       OPINION                                        

               RUWE, Judge:  This case arises from a petition for judicial            
          review filed under section 6330(d)(1)(A).1  The issue for                   
          decision is whether this Court has jurisdiction to review                   
          respondent’s determination to proceed with collection by way of             
          levy.  At the time petitioners filed their petition, they resided           
          in Asheville, North Carolina.  When this case was called for                
          trial, the parties submitted the case fully stipulated.  For                
          convenience, we combine the facts, which are not in dispute, with           
          our opinion.                                                                
               Section 6331(a) authorizes the Commissioner to levy against            
          property and property rights where a taxpayer fails to pay taxes            
          within 10 days after notice and demand for payment is made.                 
          Section 6331(d) requires the Secretary to send notice of an                 
          intent to levy to the taxpayer, and section 6330(a) requires the            



               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code currently in effect, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            





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Last modified: May 25, 2011