Robert A. Wodarczyk - Page 12




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               reported his monthly income at $1,100 and his monthly                  
               expenses at $1,305.                                                    

          In due course, a Notice of Determination Concerning Collection              
          Action(s) Under Section 6320 and/or 6330 was sent by certified              
          mail to petitioner, which stated:                                           

               The proposed levy action is appropriate.  The tax liability            
               is due and outstanding.  Your income tax return, Form 1040,            
               for the year ended December 31, 1993 was filed on October 3,           
               1994.  It was audited and an additional assessment was made            
               on May 5, 1997.  The outstanding balance is valid and it is            
               outstanding.  You presented no valid alternatives to the               
               proposed collection action.                                            
                                                                                     
          Petitioner filed a timely petition in this Court seeking review             
          of respondent’s determination to reject his third amended offer             
          in compromise and to proceed with levy.                                     
               Section 6331(a) provides that, if any person liable to pay             
          any tax neglects or refuses to pay the tax within 10 days after             
          notice and demand for payment, the Secretary may collect the tax            
          by levy upon the taxpayer’s property.  Section 6331(d) provides             
          that the Secretary must provide the taxpayer with notice,                   
          including notice of the administrative appeals available to the             
          taxpayer, before proceeding with collection by such a levy.                 
               Section 6330 generally provides that the Commissioner cannot           
          proceed with the collection of taxes by way of a levy until the             
          taxpayer has been given notice and an opportunity for                       
          administrative review of the matter in the form of an Appeals               





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