Christine Whiting - Page 4

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               On September 23, 2002, petitioner filed a petition with this           
          Court contesting respondent’s determination for the taxable years           
          1990 through 2001.  On October 24, 2002, respondent filed a                 
          motion to dismiss for lack of jurisdiction and to strike as to              
          the taxable year 2001.  This Court granted respondent’s motion on           
          January 3, 2003.  In her petition, petitioner alleged that the              
          Appeals Office failed “to provide Petitioner with a [section                
          6330] hearing and an opportunity to present an Offer-in-                    
          Compromise * * * in violation of the Internal Revenue Code and              
          denied Petitioner due process of law.”                                      
               On November 22, 2002, petitioner filed a chapter 7                     
          bankruptcy petition in the United States Bankruptcy Court for the           
          Northern District of California (the bankruptcy court).  On                 
          February 18, 2003, the bankruptcy court entered an order                    
          discharging petitioner.  At the time of her bankruptcy discharge,           
          petitioner had no assets.                                                   
                                     Discussion                                       
               Section 6330(a) provides that no levy may be made on any               
          property or right to property of any person unless the Secretary            
          has notified such person in writing of the right to a hearing               
          before the levy is made.  If the person makes a request for a               
          hearing, a hearing shall be held by the Internal Revenue Service            
          Office of Appeals.  Sec. 6330(b)(1).  At the hearing, a taxpayer            
          may raise any relevant issue, including appropriate spousal                 






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