- 4 - 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 spousalPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011