W. James Kubon - Page 7

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          754 (1988).  We conclude that there are no genuine issues of                
          material fact regarding the questions raised in respondent’s                
          motion for summary judgment, and a decision may be rendered as a            
          matter of law.                                                              
               Section 6331(a) provides that, if any person liable to pay             
          any tax neglects or refuses to do so within 10 days after notice            
          and demand, the Secretary can collect such tax by levy upon                 
          property belonging to such person.  Pursuant to section 6331(d),            
          the Secretary is required to give the taxpayer notice of his                
          intent to levy and within that notice must describe the                     
          administrative review available to the taxpayer before proceeding           
          with the levy.  See also sec. 6330(a).                                      
               Section 6330(b) describes the administrative review process,           
          providing that a taxpayer can request a hearing with the Appeals            
          Office with regard to a levy notice.  At the section 6330                   
          hearing, the taxpayer may raise certain matters set forth in                
          section 6330(c)(2), which include appropriate spousal defenses,             
          challenges to the appropriateness of collection actions, and                
          offers of collection alternatives.  Further, a taxpayer may                 
          dispute the underlying tax liability for any tax period if the              
          taxpayer did not receive a notice of deficiency for such tax                
          liability or did not otherwise have an opportunity to dispute               
          such tax liability.  Sec. 6330(c)(2)(B).                                    







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