- 6 - Lien does not fall into the category of IRS agent as defined in 26 U.S.C. 7608(b), he can have no delegated authouity [sic] to issue Notices of Liens with the respect to income taxes. Revenue Code Sec. 6331(a) “AUTHORITY OF THE SECRETARY” “levy may be made upon the accrued salary and wages of any officer, employee or elected official of the United States” We are not one of the person(s) listed in the code. (No Commissioner signature). On June 15, 2004, “RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AND TO IMPOSE A PENALTY UNDER I.R.C. � 6673" was filed. By order dated June 29, 2004, we required petitioners to file a response to respondent’s motion by July 20, 2004. Petitioners failed to file a response. Discussion A. Section 6330 Section 6330(a) provides that no levy may be made on any property or right to property of any person unless the Secretary3 has notified such person in writing of the right to a hearing 3Sec. 7701(a)(11)(B) provides: “The term ‘Secretary’ means the Secretary of the Treasury or his delegate.” Sec. 7701(a)(12)(A) provides: (A) In general.--The term “or his delegate”-- (i) when used with reference to the Secretary of the Treasury, means any officer, employee, or agency of the Treasury Department duly authorized by the Secretary of the Treasury directly, or indirectly by one or more redelegations of authority, to perform the function mentioned or described in the context; andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011