- 6 - Respondent further asserts that respondent’s letter to petitioners dated December 27, 1999, served as a notice and demand for payment under section 6303(a), and that the transcript of account provided to petitioners in advance of the Appeals Office hearing satisfied the verification requirement imposed under section 6330(c)(1). This matter was called for hearing at the Court’s motions session held in Washington, D.C. Counsel for respondent appeared at the hearing and presented argument in support of respondent’s motion. Although no appearance was made by or on behalf of petitioners at the hearing, petitioners did file with the Court a written statement pursuant to Rule 50(c). Discussion Section 6330 generally provides that the Commissioner cannot proceed with the collection of taxes by way of a levy on a person’s property until the person has been given notice of and the opportunity for an administrative review of the matter. Under section 6330(d), judicial review of the administrative determination may be obtained in either the Tax Court or Federal District Court. In Goza v. Commissioner, 114 T.C. 176 (2000), we explained that section 6330 provides for administrative and judicial review with respect to collection issues such as spousal defenses, the appropriateness of the Commissioner’s intended collection action,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011