-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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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