Wayne A. and Marykay Weishan - Page 6




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          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,           






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