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equity in your second home to pay this liability in
full either through the sale of the property or through
a cash-out loan against the property. To delay
collection further would risk the collection of this
liability.
Perhaps you should consider lowering your asking price
or consulting with your real estate agent to see what
you can do to expedite a voluntary sale of the
property. If you are unable or unwilling to borrow
against or sell the property to satisfy the IRS, then
the IRS has no choice but to proceed to collect this
account through levy action.
Petitioners timely petitioned the Court under section
6330(d) from their notices of determination for the unpaid income
tax liabilities for 1999 and 2000.
OPINION
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, the Secretary is authorized to
collect such tax by levy upon property belonging to the taxpayer.
Section 6331(d) provides that the Secretary is obliged to provide
the taxpayer with notice, including notice of the administrative
appeals available to the taxpayer, before proceeding with
collection by levy on the taxpayer’s property. Section 6330
generally provides that respondent cannot proceed with the
collection of taxes by way of a levy on a taxpayer’s property
until the taxpayer has been given notice of and the opportunity
for an administrative review of the matter (in the form of an
Appeals Office hearing) and, if dissatisfied, with judicial
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Last modified: May 25, 2011