Kevin P. Burke - Page 11

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          means of collection.  These issues are now deemed conceded.  Rule           
          331(b)(4).                                                                  
               The record reflects that the Appeals Office properly                   
          verified that all applicable laws and administrative procedures             
          governing the assessment and collection of petitioner’s tax                 
          liabilities were met.  Accordingly, we hold that the Appeals                
          Office did not abuse its discretion in determining to proceed               
          with collection against petitioner.                                         
          B.  Levy Upon Appeal                                                        
               We turn now to respondent’s Motion to Permit Levy.  Section            
          6330(e) provides in pertinent part:                                         
               SEC. 6330(e). Suspension of Collections and                            
               Statute of Limitations.--                                              
                    (1) In general.–-Except as provided in                            
                    paragraph (2), if a hearing is requested under                    
                    subsection (a)(3)(B), the levy actions which are                  
                    the subject of the requested hearing and the                      
                    running of any period of limitations  * * * shall                 
                    be suspended for the period during which such                     
                    hearing, and appeals therein, are pending.  In no                 
                    event shall any such period expire before the 90th                
                    day after the day on which there is a final                       
                    determination in such hearing.  Notwithstanding                   
                    the provisions of section 7421(a), the beginning                  
                    of a levy or proceeding during the time the                       
                    suspension under this paragraph is in force may be                
                    enjoined by a proceeding in the proper court,                     
                    including the Tax Court.  The Tax Court shall have                
                    no jurisdiction under this paragraph to enjoin any                
                    action or proceeding unless a timely appeal has                   
                    been filed under subsection (d)(1) and then only                  
                    in respect of the unpaid tax or proposed levy to                  
                    which the determination being appealed relates.                   
                         (2) Levy upon appeal.–-Paragraph (1) shall                   
                    not apply to a levy action while an appeal is                     





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