Michael J. Roberts - Page 7




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               did not meet the income requirements to file an income                  
               tax return and the Commissioner has assessed an                         
               incorrect tax, penalties and interest.                                  
               b) The Commissioner has erroneously and wrongfully                      
               ignored issuing a 30 day appeal to the Petitioner.  The                 
               Commissioner has erroneously and wrongfully ignored and                 
               failed to allow Petitioner rights to appeal.                            
               c) Although the Commissioner has issued a Notice of                     
               Deficiency, the Notice was never received by the                        
               Petitioner.  The Commissioner has denied requests from                  
               Petitioner to obtain copies from the Commissioner of                    
               the Notice.                                                             
               d) The Commissioner erroneously and wrongfully charged                  
               an income tax wherein no taxable income was received                    
               during the 1989, 1990, 1991 tax years.  The                             
               Commissioner has erroneously and wrongfully charged the                 
               Petitioner with the burden of proof and demanded the                    
               Petitioner prove Petitioner has no taxable income for                   
               the 1989, 1990, 1991 tax years.                                         
                                       OPINION                                         
          I.  General Rules                                                            
               Section 6331(a) authorizes the Commissioner to levy upon all            
          property and rights to property of a taxpayer who fails to pay               
          any tax liability within 10 days after notice and demand for                 
          payment.  Sections 6331(d) and 6330 then set forth procedures                
          generally applicable to afford protections for taxpayers in such             
          levy situations.  Section 6331(d) establishes the requirement                
          that a person be provided with at least 30 days’ prior written               
          notice of the Commissioner’s intent to levy before collection may            
          proceed.  Section 6331(d) also indicates that this notification              
          should include a statement of available administrative appeals.              
          Section 6330(a) expands in several respects upon the premise of              





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