Terry K. Mann - Page 6




                                        - 6 -                                         
               Petitioner also contends that he was not given a hearing as            
          required by section 6330.  Respondent contends that the Appeals             
          officer scheduled a hearing and provided petitioner with written            
          notice of the hearing.  Petitioner has not contended that he did            
          not receive notice of the scheduled hearing.  Petitioner did not            
          attend the scheduled hearing and did not attempt to reschedule              
          the hearing.  The Court agrees with respondent that petitioner              
          was granted an opportunity for a hearing.  Accordingly, we hold             
          that respondent’s determination to proceed with the levy is not             
          an abuse of discretion.                                                     
          Issue 2.  Section 6673(a)(1) Penalty                                        
               We decline to impose a penalty under section 6673(a)(1).               
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  
               To reflect the foregoing,                                              
                                             An appropriate order will be             
                                        issued, and decision will be                  
                                        entered for respondent.                       

















Page:  Previous  1  2  3  4  5  6  

Last modified: May 25, 2011