-5- On October 16, 2000, petitioner filed a Complaint with the United States District Court for the District of Arizona. The Court dismissed that Complaint on June 12, 2001. Stanifird v. Wilcox, 87 AFTR 2d 2585, 2001-2 USTC par. 50,492 (D. Ariz. 2001). 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 may 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 must 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 notice and the opportunity for an administrative review of the matter (in the form of an Appeals Office hearing) and, if dissatisfied, with judicial review of the administrative determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). In the case of such judicial review, the Court will review a taxpayer’s liability under the de novo standard where the validity of the underlying tax liability is at issue. The Court will review the Commissioner’s administrative determination for abuse ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011