- 5 - Petitioner’s sole allegation of error is that the Appeals officer abused her discretion by failing to obtain proper verification of the liability from the Secretary as required by section 6330(c)(1).2 The Appeals officer relied on the computer transcript of account to verify petitioner’s tax liability. Respondent argues that in the absence of any evidence of an irregularity in the assessment, reliance upon the transcript of account as verification of the liability is sufficient to satisfy the requirements of section 6330(c)(1). We agree with respondent. Section 6331(a) provides that, if any person liable to pay any tax neglects or refuses to pay the tax within 10 days after notice and demand for payment, the Secretary may collect the tax by levy upon the taxpayer’s property. Section 6331(d) provides that the Secretary must provide the taxpayer with notice, including notice of the administrative appeals available to the taxpayer, before proceeding with collection by such a levy. In 1998, Congress enacted section 6330 to provide additional procedural protections for taxpayers in tax collection matters 2 Any other issues raised by petitioner at the administrative level are deemed conceded because petitioner did not pursue them at trial and did not file a posttrial brief as required by the Court’s rules. See Rule 151(a); Remuzzi v. Commissioner, T.C. Memo. 1988-8, (issue not addressed by the taxpayers on brief deemed conceded) affd. without published opinion 867 F.2d 609 (4th Cir. 1989).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011