- 16 - properly might be allowed. Petitioner failed to file a brief in accordance with the Court-ordered briefing schedule. OPINION This is an appeal under section 6330(d)(1) from respondent’s determinations to proceed with proposed levies against petitioner’s property to collect unpaid Federal income taxes, failure to pay additions, and accrued interest for 1990 through 1994 and 1996. Section 6331(a) allows the Commissioner to collect by levy any tax not paid within 10 days after the Commissioner provides the taxpayer with notice and demand for payment. With certain exceptions not relevant here, the Commissioner is obliged to provide the taxpayer with notice before proceeding with collection by levy on the taxpayer's property, including notice of the administrative appeals available to the taxpayer. Sec. 6331(d). As part of the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746, Congress enacted section 6330, which generally provides that the Commissioner may not proceed with collection by levy on a taxpayer's property until the taxpayer has received notice of and the opportunity for an Appeals Office hearing to review the proposed levy. Sec. 6330(a)(1); Pierson v. Commissioner, 115 T.C. 576 (2000); Sego v. Commissioner, 114 T.C. 604, 608 (2000). If the taxpayer is dissatisfied with thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011