Tim W. Holliday - Page 4

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          during which petitioner was not permitted to make an audio or               
          stenographic recording.  The Appeals officer also refused to                
          consider petitioner's arguments related to the underlying tax               
          liabilities covered by the levy notice.                                     
               On July 11, 2002, a notice of determination concerning                 
          collection action(s) under section 6320 and/or 6330 was mailed to           
          petitioner in which the Appeals officer recommended proceeding              
          with the levy.  On August 12, 2002, petitioner timely petitioned            
          this Court for review of the determination.                                 
                                     Discussion                                       
               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.                                                         
               Section 6330 generally provides that the Secretary 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 review of the administrative determination.  See              






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