Michael and Marion Balice - Page 5

                                        - 5 -                                         
               This matter was called for hearing at the Court’s trial                
          session in Philadelphia, Pennsylvania, on September 7, 2004.                
          Counsel for both parties appeared at the hearing and presented              
          their positions on the motion to dismiss.                                   
                                     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.  When the Appeals Office issues a notice           
          of determination to a taxpayer following a section 6330 hearing,            
          the taxpayer has 30 days following the issuance of the notice to            
          file a petition for review of the determination with the Tax                
          Court or, if the Tax Court lacks jurisdiction over the underlying           
          tax liability, with a Federal District Court.  Sec. 6330(d).                
               The procedures authorized by section 6212(a) and (b) for               
          sending a notice of deficiency apply to the mailing of a notice             
          of determination issued pursuant to section 6330.  Weber v.                 
          Commissioner, 122 T.C. 258, 261-262 (2004).  Section 6212(a) and            
          (b) provides that the Secretary may send a notice of deficiency             
          by certified mail or registered mail to a taxpayer at the                   
          taxpayer’s last known address.  A notice of determination issued            
          in a collection due process case that is mailed in accordance               
          with section 6212(a) and (b) is sufficient to start the 30-day              
          period within which a taxpayer may appeal the determination to              






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011