Curtis J.L. McIntosh - Page 8

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                                       OPINION                                        
          A.  Applicable Law                                                          
               If any person neglects or refuses to make payment of any               
          assessed Federal tax liability within 10 days of notice and                 
          demand, the Secretary is authorized to collect the assessed tax             
          by levy on the person’s property.  Sec. 6331(a).  At least 30               
          days before taking such action, however, the Secretary generally            
          must provide the person with a written final notice of intent to            
          levy that describes, among other things, the administrative                 
          appeals available to the person.  Sec. 6331(d)(1), (4).  The                
          written final notice must be given in person, left at the                   
          person’s dwelling or usual place of business, or sent by                    
          certified or registered mail to the person’s last known address.            
          Sec. 6331(d)(2).                                                            
               Upon request, the person is entitled to an administrative              
          hearing before the Appeals Office of the IRS.  Sec. 6330(b)(1).             
          If dissatisfied with the Appeals Office determination, the person           
          may seek judicial review in the Tax Court or a Federal District             
          Court, as appropriate.  Sec. 6330(d).  Generally, the proposed              
          levy actions are suspended for the pendency of the hearing and              
          any judicial appeals therein.  Sec. 6330(e)(1).                             
               Section 6330(c) prescribes the matters that a person may               
          raise at an Appeals Office hearing, including spousal defenses,             
          the appropriateness of the Commissioner’s intended collection               






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