- 11 - subsequent petition for innocent spouse relief. See Drake v. Commissioner, 123 T.C. 320 (2004). Petitioner timely petitioned this Court for judicial review of the notice of determination.9 Discussion Section 6330(a) provides that no levy may be made on any property or right to property of a person unless the Secretary first notifies the person in writing of the right to a hearing before the IRS Office of Appeals (Appeals Office).10 Section 6330(c)(1) provides that the Appeals officer must verify at the hearing that applicable laws and administrative procedures have been followed.11 Sec. 6330(c)(1). At the hearing, the person 9On Dec. 1, 2003, petitioner filed a timely Petition for Levy Action Under Section 6330. Petitioner submitted an amended petition on Jan. 18, 2005. 10SEC. 6330 NOTICE AND OPPORTUNITY FOR HEARING BEFORE LEVY. (a) Requirement of Notice Before Levy.-- (1) In general.--No levy may be made on any property or right to property of any person unless the Secretary has notified such person in writing of their right to a hearing under this section before such levy is made. * * * * * * * * * * (b) Right to Fair Hearing.-- (1) In general.--If the person requests a hearing * * *, such hearing shall be held by the Internal Revenue Service Office of Appeals. 11Sec. 6330(c)(1) provides: Requirement of investigation.--The appeals officer shall at (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011