- 9 - and frivolous. Following the hearing, Appeals Officer Stanton made a determination upholding the proposed levy action after concluding that the proposed levy action appropriately balanced the need for efficient collection of taxes with petitioners’ concerns regarding the intrusiveness of the proposed levy action. Sec. 6330(c)(3). In their petition, petitioners asserted three less-than- clear arguments in support of their contention that respondent’s determination was erroneous: (1) The revenue officer who executed a related notice of lien was not delegated authority to issue a notice of lien with respect to income taxes under section 7608(b). (2) Petitioners were not subject to levy under section 6331(a). (3) The Commissioner of Internal Revenue did not sign a document the identity of which petitioners did not specify. We address these arguments briefly below. Authority To Issue Final Notice of Intent To Levy Petitioners’ argument has no merit for several reasons. First, the relevant notice is the final notice of intent to levy, not a notice of lien that was not the subject of the notice of determination. Second, the Secretary or his delegate (including the Commissioner) is authorized to issue a final notice of intent to levy. Craig v. Commissioner, 119 T.C. 252, 263 (2002) (citingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011