George G. Green - Page 5

                                        - 5 -                                         
                                     Discussion                                       
               Section 6861(a) provides in pertinent part that if the                 
          Secretary believes that the assessment or collection of a                   
          deficiency as defined in section 6211 will be jeopardized by                
          delay, he shall, notwithstanding section 6213(a), immediately               
          assess such deficiency and make notice and demand for the payment           
          thereof.5  Within 5 days after the date an assessment is made               
          under section 6861 or levy is made under section 6331(a), the               
          Commissioner must provide the taxpayer with a written statement             
          of the information the Commissioner is relying on in making the             
          assessment or levy.  Sec. 7429(a)(1); McWilliams v. Commissioner,           
          103 T.C. 416, 421 (1994).  Within 30 days after the day on which            
          the taxpayer is furnished this written statement, or within 30              
          days after the last day of the period within which such statement           
          is required to be furnished, the taxpayer may request the                   
          Commissioner to review the action taken.  Sec. 7429(a)(2).  After           
          a request for review is made, the Commissioner shall determine              
          whether the jeopardy assessment or jeopardy levy is reasonable              
          under the circumstances and whether the amount assessed is                  
          appropriate.  Sec. 7429(a)(3).                                              




               5 Sec. 6861(h)(2) contains a cross-reference to sec.                   
          6331(a), which provides for an immediate levy upon a finding that           
          collection of tax is in jeopardy and following notice and demand            
          for immediate payment.                                                      




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011