Robert & Polly A. Gatlos - Page 6

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               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; and                                          






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