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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.
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