- 5 - section 6404(g) providing our jurisdiction to review determinations “‘under this section’” apply to determinations under section 6404(a)). C. Jeopardy Levies Under Section 6330(f) Section 6330(f) provides that “this section” shall not apply in the case of a jeopardy levy. We next consider whether that language restricts the grant of jurisdiction under section 6330(d) to review determinations under section 6330. Respondent made a jeopardy levy under section 6330(f) before providing a hearing to petitioner under section 6330(b). Section 6330(f) provides: SEC. 6330(f). Jeopardy and State Refund Collection. If-- (1) the Secretary has made a finding under the last sentence of section 6331(a) that the collection of tax is in jeopardy; or (2) the Secretary has served a levy on a State to collect a Federal tax liability from a State tax refund, this section shall not apply, except that the taxpayer shall be given the opportunity for the hearing described in this section within a reasonable period of time after the levy. Under the flush language in section 6330(f), the levy may precede the hearing provided by section 6330(b). The legislative history shows that the flush language was not intended to restrict the grant of jurisdiction provided by section 6330(d) to review the Commissioner’s determination under section 6330(f).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011