- 7 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011