Stephen and Patricia Lindsey - Page 7




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          5, 2001, and February 6, 2002.  Counsel for respondent appeared             
          at the hearings and presented argument in support of respondent's           
          motion.  No appearance was made by or on behalf of petitioners at           
          any of the hearings.                                                        
               Respondent filed a supplement and a second supplement to his           
          Motion for Summary Judgment attaching thereto declarations                  
          executed by Settlement Officers Carter and Minder and TXMODA                
          transcripts of account with regard to petitioners’ taxable years            
          1989 through 1993.  Petitioners filed a supplemental response to            
          respondent’s Motion for Summary Judgment attaching thereto a                
          declaration executed by Mr. Roberts.                                        
          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 upon the person’s property.  Section               
          6331(d) provides that, at least 30 days before enforcing                    
          collection by way of a levy on the person's property, the                   
          Secretary is obliged to provide the person with a final notice of           
          intent to levy, including notice of the administrative appeals              
          available to the person.                                                    
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by way of a levy action until the person            
          has been given notice and the opportunity for an administrative             






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