Thomas Herrick - Page 5

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          at the Court’s motions session in Washington, D.C.  There was no            
          appearance by or on behalf of petitioner at the hearing, nor did            
          petitioner file a written statement with the Court pursuant to              
          Rule 50(c), the provisions of which were explained by the Court             
          in its Order calendaring respondent’s motion for hearing.                   
          Counsel for respondent appeared at the hearing and offered                  
          argument in support of respondent’s motion to dismiss.                      
               Following the hearing, respondent filed a Supplement, a                
          Second Supplement, and a Third Supplement to his motion to                  
          dismiss.                                                                    
          Discussion                                                                  
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, then the Secretary is authorized             
          to collect such tax by levy upon the person’s property.  Section            
          6331(d) provides that, at least 30 days prior to enforcing                  
          collection by way of a levy on the person's property, the                   
          Secretary is obliged to provide the person with a final notice of           
          intent to levy, including notice of the administrative appeals              
          available to the person.                                                    
               Section 6330(a) provides in pertinent part that the                    
          Secretary shall notify a person in writing of his or her right to           
          an Appeals Office hearing regarding a proposed levy by mailing              
          such notice by certified or registered mail to such person at his           






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