David and Theresa Smeton - Page 10




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          of deficiency dated October 8, 1999, they cannot challenge the              
          existence or amount of their underlying tax liability for 1997 in           
          this proceeding.  Respondent further contends that the Appeals              
          officer’s review of Form 4340 with regard to petitioners’ account           
          for 1997 satisfied the verification requirement imposed under               
          section 6330(c)(1) and demonstrates that petitioners were issued            
          a notice and demand for payment.  Finally, respondent contends              
          that petitioners’ behavior warrants the imposition of a penalty             
          under section 6673.                                                         
               Petitioners 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               
          collect such tax by levy on the person’s property.  Section                 
          6331(d) provides that at least 30 days before enforcing                     
          collection by 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 levy until the person has been given             






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