- 9 - alternative has been offered, the intrusiveness of the proposed levy is commensurate with the need to collect the revenue efficiently and in such a manner. Mr. Ashley was advised that the liability can be adjusted at any time if an accurate return is filed and substan- tiated. The sending of the Notice of Intent to Levy should thus be sustained. On March 29, 2000, pursuant to section 6330, the Appeals Office issued to petitioner a notice of determination with respect to petitioner’s taxable year 1989. That notice stated in pertinent part: Summary of Determination: The Service followed its procedural, administrative and legal guidelines in sending the Notice of Intent to Levy. There were no viable collection alternatives advanced by the taxpayer. The intrusiveness of the proposed levy is commensurate with the need to collect the revenue efficiently. Attached to the notice of determination was a document entitled “Attachment - 3193". That document stated in pertinent part: Matters Considered Whether the Service followed its procedural, adminis- trative and legal guidelines in issuing the Notice of Intent to Levy. As [sic] assessment of tax was made and notice and demand for payment followed. Failure to pay the amount occurred thereafter. Before levy can be made a Notice of Intent to Levy must first be issued. * * * The Service followed the required procedures in issuing the Notice of Intent to levy. Whether any collection alternatives are advanced by the taxpayer and the viability of such offers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011