John F. Dalton - Page 8

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          The Forms 4340 show that respondent assessed (and petitioner                
          failed to pay) taxes, additions to tax, penalties, and statutory            
          interest for 1998 and 1999 in amounts that match those set forth            
          in the deficiency notices and in the final notice.                          
               The Court directed petitioner to file an objection to                  
          respondent’s Motion for Summary Judgment by Order dated December            
          3, 2004.  The Court also directed petitioner by Order dated                 
          December 7, 2004, to file a report with the Court describing his            
          efforts to retain counsel in this case.  Petitioner failed to               
          respond to either of these Orders.                                          
          Discussion                                                                  
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by levy on the person's property.  Section                 
          6331(d) provides that at least 30 days before enforcing                     
          collection by levy on the person's property, the Secretary is               
          obliged to provide the person with a final notice of intent to              
          levy, including notice of the administrative appeals available to           
          the person.                                                                 
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by levy until the person has been given             
          notice and the opportunity for an administrative review of the              
          matter (in the form of an administrative hearing with the Office            






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