- 5 - collection of petitioners’ outstanding tax liabilities. On May 7, 2001, petitioners filed with the Court a joint petition for lien or levy action seeking review of respondent’s notices of determination.2 As indicated, respondent filed a motion for summary judgment asserting that there is no dispute as to a material fact and that respondent is entitled to judgment as a matter of law. In particular, respondent contends that, because petitioners acknowledge that they received the notice of deficiency dated October 15, 1999, they cannot challenge the existence or amount of their underlying tax liability for 1997 in this proceeding. Respondent further asserts that the Appeals officer’s review of Form 4340 with regard to petitioners’ account for 1997 satisfied the verification requirement imposed under section 6330(c)(1) and demonstrates that petitioners were issued a notice and demand for payment. Petitioners filed an objection to respondent’s motion. Thereafter, pursuant to notice, respondent’s motion was called for hearing at the Court’s motions session in Washington, D.C. Discussion Section 6331(a) provides that if any person liable to pay any tax neglects or refuses to pay such tax within 10 days after 2 At the time that the petition was filed, petitioners resided in Las Vegas, Nev.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011