Benedict John Casey - Page 8

                                        - 8 -                                         
                                       OPINION                                        
          I.  Petitioner’s Contentions                                                
               In his petition, petitioner raises numerous technical and              
          procedural complaints about respondent’s determination to proceed           
          with collection action.  Petitioner filed no posttrial brief.  In           
          his pretrial memorandum, petitioner distilled his complaints into           
          these three issues:  (1) Whether the Appeals Office failed to               
          offer petitioner the hearing that he requested pursuant to                  
          section 6330(b)(1); (2) whether this Court may redetermine his              
          1992 underlying income tax liability; and (3) whether the notices           
          of determination are invalid because they contain some incorrect            
          references to petitioner’s 1998 tax year and account.7                      
          II.  Whether the Appeals Office Failed To Offer Petitioner a                
               Hearing                                                                
               If a taxpayer fails to pay any Federal tax liability within            
          10 days of notice and demand, the Secretary is authorized to                
          collect the tax by levy on the taxpayer's property.  Sec.                   
          6331(a).  At least 30 days before taking collection action, the             
          Secretary must provide the taxpayer with a final notice of intent           
          to levy that describes, among other things, the availability of             
          administrative appeal.  Sec. 6331(d).                                       

               7 We have carefully considered all issues raised in the                
          petition.  We construe most of them as falling within the ambit             
          of the three issues identified above, and we address them in that           
          context.  The other issues raised in the petition are without               
          merit, moot, or irrelevant; in any event, we deem petitioner to             
          have abandoned such other issues.                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011