- 7 - 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 administrativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011