- 4 - allegations that petitioner is not liable for taxes under the Uniform Commercial Code. In response, respondent filed a Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted. This matter was called for hearing at the Court's motions session held in Washington, D.C. Counsel for respondent appeared at the hearing and presented argument in support of respondent's motion. No appearance was made by or on behalf of petitioner at the hearing. Following the hearing, respondent filed a supplement to his motion to dismiss asserting that the collection review procedures set forth in sections 6320 and 6330 are limited to lien and levy actions and do not preclude respondent from applying an available credit to a taxpayer’s outstanding tax liability. Petitioner filed an affidavit which stated that petitioner denied the existence of various entities including the United States of America, the United States Tax Court, and the Internal Revenue Service. Discussion In the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746, Congress enacted new sections 6320 (pertaining to liens) and 6330 (pertaining to levies) to provide protections for taxpayers in tax collection matters. Section 6330 generally provides that thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011