- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011