- 3 - the Tax Court on January 8, 2001, which date is 593 days after the mailing of the notices of determination. The date of the U.S. Postmark stamped on the cover in which the petition was mailed by regular mail to this Court is January 4, 2001, which date is 589 days after the mailing of the notices of determination. Petitioners do not contest the foregoing facts. Respondent’s position is that the petition was not filed with the Court within the time prescribed by sections 6330(d)(1) or 7502. Petitioners’ position is that respondent did not provide petitioners with an opportunity for a hearing as required by section 6330 and therefore that this Court should dismiss this case because petitioners claim the notices of determination are invalid. There is no dispute that the Court lacks jurisdiction in this case. Section 6330 provides in part as follows: SEC. 6330(a). Requirement Of Notice Before Levy.-- (1) In General.-–No levy may be made on any property or right to property of any person unless the Secretary has notified such person in writing of their right to a hearing under this section before such levy is made. Such notice shall be required only once for the taxable period to which the unpaid tax specified in paragraph (3)(A) relates. (2) Time And Method For Notice.-–The notice required under paragraph (1) shall be–- * * * * * * * (C) sent by certified or registered mail, return receipt requested, to such person’s last known address;Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011