124 T.C. No. 18 UNITED STATES TAX COURT KENNETH B. AND MARIE L. BOYD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 17660-03L. Filed June 27, 2005. R applied an overpayment in tax from Ps’ 2002 taxable year to other taxes owed by Ps and notified Ps of that fact (the notice). Ps rely on language in sec. 6331(i)(3)(B), I.R.C., describing “any levy to carry out an offset” in support of their assignment that R erred in levying against their property without first giving them notice of their right to a sec. 6330, I.R.C., prelevy hearing. Ps also assign error to R’s application of the overpayment to P husband’s liability under an installment agreement. R has moved to dismiss for lack of jurisdiction on the grounds that Ps have received no statutory notice of deficiency or any other determination that would give the Court jurisdiction to consider Ps’ assignments of error (and Ps concede as much). R also disputes that an offset is a levy. We need not interpret sec. 6331(i)(3)(B), I.R.C., since even were we to consider the notice as evidence of a determination to proceed to collect tax by levy, Ps did not timely petition the Court within the 30-day period prescribed by sec. 6330(d)(1), I.R.C., so that we must dismiss for lack of jurisdiction.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011