- 11 - 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 AppealsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011