- 7 - were invalid and that proper assessments were not entered for several of the years in issue. During the trial, and over petitioner’s objection, the Court allowed respondent to offer into evidence Forms 4340, Certificate of Assessments, Payments and Other Specified Matters, regarding petitioner’s account for the years 1993 to 1997. Following the trial, on March 11, 2005, respondent’s Motion to Permit Levy was filed with the Court. OPINION I. Collection Actions A. Lien and Levy Sections 6320 (pertaining to Federal tax liens) and 6330 (pertaining to levies) establish procedures for administrative and judicial review of certain collection actions. As an initial matter, the Commissioner is required to provide a taxpayer with written notice that a Federal tax lien has been filed and/or that the Commissioner intends to levy; the Commissioner is also required to explain to the taxpayer that such collection actions may be challenged on various grounds at an administrative hearing. See Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). Section 6330(c)(1) imposes on the Appeals Office an obligation to obtain verification that “the requirements of any applicable law or administrative procedure have been met.” Section 6330(c)(2) prescribes the matters that a person may raisePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011