- 14 - issue was properly raised, the record shows that the Final Notice is valid. The Secretary or his delegate (including the Commissioner) may issue a final notice of intent to levy. Secs. 6330(a), 7701(a)(11)(B) and (12)(A)(i), 7803(a)(2). Section 301.6330-1(a)(1), Proced. and Admin. Regs., 67 Fed. Reg. 2551 (Jan. 18, 2002), provides in pertinent part: (a) Notification–(1) In general. Except as specified in paragraph (a)(2) of this section, the Commissioner, or his or her delegate (the Commissioner), will prescribe procedures to provide persons upon whose property or rights to property the IRS intends to levy * * * on or after January 19, 1999, notice of that intention and to give them the right to, and the opportunity for, a pre-levy Collection Due Process (CDP) hearing with the Internal Revenue Service (IRS) Office of Appeals (Appeals). * * * The Commissioner’s authority to levy on property or rights to property was delegated to Automated Collection Branch Chiefs pursuant to Delegation Order No. 191 (Rev. 2), effective October 1, 1999. Internal Revenue Manual, sec. 1.2.104, 102 (Nov. 24, 1999). Consistent with this delegation of authority, the Final Notice in this case, which was executed by Chief of the Automated Collection Branch in Ogden, Utah, is valid. Petitioner has failed to raise a spousal defense, make a valid challenge to the appropriateness of respondent’s intended collection action, or offer alternative means of collection. These issues are now deemed conceded. Rule 331(b)(4). Under the circumstances, we conclude that respondent is entitled toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011