Mehdi H. Hajiyani - Page 4

                                        - 4 -                                         
          proposed levy should be sustained.  As of that date petitioner              
          had not proposed any collection alternatives.  The sole issue               
          petitioner raised was whether he was liable for the unpaid 1993             
          and 1994 tax liabilities.  On February 11, 2004, petitioner sent            
          an offer-in-compromise to respondent, offering to settle the                
          1992, 1993, and 1994 tax liabilities for $100 on the basis of               
          doubt as to liability.                                                      
                                       OPINION                                        
               Petitioner essentially makes three arguments in support of             
          his position that respondent should not be allowed to proceed               
          with collection.  First, petitioner argues that the Rule 155                
          computations in the deficiency proceeding for the 1993 and 1994             
          tax years are incorrect because they did not account for                    
          petitioner’s claimed loss relating to his money-lending business            
          in 1992.  Second, petitioner argues that his offer-in-compromise            
          was not considered.  Finally, petitioner contends that part of              
          his tax liabilities was satisfied by offsets of tax refunds and             
          attachment of his bank accounts.                                            
               Section 6331(a) authorizes the Commissioner to levy on                 
          property and property rights of a taxpayer who fails to pay a tax           
          liability after notice and demand.  Sections 6331(d) and 6330(a),           
          however, require the Secretary, before proceeding with                      
          collection, to send written notice to the taxpayer of the intent            
          to levy and of the taxpayer’s right to a hearing.                           






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011