Gregory Drake - Page 11

                                       - 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