- 5 - petitioner filed with the Court a petition for lien or levy action seeking review of respondent’s notice of determination.3 At the time that the petition was filed, petitioner resided in Allegan, Michigan. Sheila Mudd did not join in filing the petition. As indicated, respondent maintains that there is no dispute as to a material fact and that respondent is entitled to judgment as a matter of law. In particular, respondent contends that the Appeals officer’s review of transcripts of account with regard to petitioner’s account for 1992 to 1997 and 1999 satisfied the verification requirement imposed under section 6330(c)(1) and demonstrates that petitioner was issued a notice and demand for payment for each of those years. Petitioner filed an objection to respondent’s motion. Thereafter, pursuant to notice, respondent’s motion was called for hearing at the Court’s motions session in Washington, D.C. 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 3 The petition was delivered to the Court in an envelope bearing a timely U.S. Postal Service postmark dated Dec. 14, 2001. See sec. 6330(d). We attribute the delay in the delivery of the petition to the Court to delays associated with the anthrax contamination that occurred at the U.S. Postal Service’s Brentwood facility in Oct. 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011