- 8 - 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 OfficePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011