- 3 - Applicable Law and Administrative Procedures IRC section 6631(d) requires that the IRS notify a taxpayer at least 30 days before the day of levy. Notice CP 523 was mailed to you via certified mail. IRC section 6630(a) states that no levy may be made unless the IRS notifies a taxpayer of the opportunity for a hearing with the IRS Office of Appeals. Notice CP 523 “Notice of Intent to Levy” was mailed to you via certified mail. You made a timely request for a hear- ing. IRC section 6330(c) allows you to raise any relevant issue relating to the unpaid tax or the proposed levy at the hearing. Relevant Issues Raised by the Taxpayer You did not attend the Scheduled hearing and have not responded to any contact by the Appeals Office. Balancing Collection and Intrusiveness The outstanding tax liabilities for 1990, 1991, 1992 and 1993 are based on the returns you filed for those years. The 1996 liability is based on information the IRS had on file. * * * Since you have not responded to any contact by the Appeals Office, your case will be returned to the Collection function for appropriate action. Respondent acknowledges in respondent’s response to peti- tioner’s motion: “The February 5, 2002, Notice of Determination did not contain all the statements required by Treas. Reg. � 301.6330-1(e)(3) Q&A-E8. For this reason, Appeals sent to petitioner the Supplemental Notice dated May 1, 2003.” The “Supplemental Notice dated May 1, 2003" referred to in respondent’s response to petitioner’s motion is a supplemental notice of determination concerning collection actions(s) underPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011