Roy Watson - Page 5




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               the Service was willfully negligent when it failed to                  
               provide an Pre-Determination Evidentiary hearing and                   
               make available to me:                                                  
                    a.)  presentment of copies of all evidence used                   
                    by the government against me;                                     
                    b.)  meaningful hearing on all of the facts of                    
                    this case;                                                        
                    c.)  notification of procedure, forms, or                         
                    opportunity to refute the evidence against me                     
                    (which is also the making of contentions of                       
                    factual nature);                                                  
                    d.)  hearing before an independent and impartial                  
                    hearing officer; and                                              
                    e.)  opportunity to confront and cross-examine                    
                    all adverse witnesses, for the creation of a                      
                    complete defense and administrative record to                     
                    support any subsequent appeal.                                    

                                       OPINION                                        
          I.  Section 6331                                                            
               Section 6331(a) provides that, if any person liable to pay             
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by levy upon property belonging to the taxpayer.           
          Section 6331(d) provides that the Secretary is obliged to provide           
          the taxpayer with notice, including notice of the administrative            
          appeals available to the taxpayer, before proceeding with                   
          collection by levy on property of the taxpayer.                             










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