- 11 - section 6330(c)(1).6 Finally, respondent contends that petitioner’s behavior warrants the imposition of a penalty under section 6673. Petitioner 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. Although petitioner did not attend the hearing, he filed a written statement pursuant to Rule 50(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 notice and demand for payment, the Secretary is authorized to collect such tax by levy on the person’s property. Section 6331(d) provides that at least 30 days before enforcing collection by levy on the person's property, the Secretary is obliged to provide the person with a final notice of intent to 6 Respondent attached as an exhibit to the Declaration that accompanied his motion a third transcript, a TXMODA transcript dated June 26, 2001, that contained essentially the same information as the other two transcripts. See Kaeckell v. Commissioner, T.C. Memo. 2002-114 n.2 (regarding TXMODA transcripts.) All three transcripts were derived from current account information in respondent’s master file. In general, transcripts are obtained by entering various command codes (such as TXMODA or MFTRA) into respondent’s integrated data retrieval system (IDRS) to obtain the particular transcript. (IDRS is essentially the interface between respondent’s employees and respondent’s various computer systems.)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011