Myong Soo Kim and Sung Me Hwang - Page 4

                                         -4-                                          
          Rule 331(b), we ordered petitioners to file a proper amended                
          petition by February 14, 2003.  On February 21, 2003,                       
          petitioners’ amended petition was filed.2  On March 25, 2003,               
          respondent’s answer was filed.                                              
               On October 8, 2003, respondent’s motion to dismiss for lack            
          of jurisdiction was filed.  In the motion, respondent alleged for           
          the first time that the notice of determination was invalid.                
          Petitioners objected to respondent’s motion.  On January 2, 2004,           
          respondent’s supplement to his motion to dismiss for lack of                
          jurisdiction was filed.3  On February 26, 2004, we held a hearing           
          on respondent’s motion in Seattle, Washington.  Petitioners and             
          counsel for respondent appeared and were heard.                             
                                       OPINION                                        
          I.   Collection by Levy in General                                          
               Section 6331(a) provides that if any taxpayer liable to pay            
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, then the Secretary is authorized             
          to collect such tax by levy upon the taxpayer’s property.                   
          Section 6331(d) provides that, at least 30 days before enforcing            
          collection by way of a levy, the Secretary is obliged to provide            



               2The amended petition is dated Feb. 12, 2003, and the                  
          parties do not dispute its timeliness.                                      
               3We shall refer to the motion to dismiss, as supplemented,             
          as the motion in this opinion.                                              




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