David A. Lehmann - Page 9

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          counsel for respondent might have been more ready, based on our             
          September 30, 2004, order, to address inquiries from the Court              
          regarding the notices of deficiency, the need formally to                   
          introduce the documents into evidence may have been                         
          unanticipated.  Counsel quickly responded to the situation by               
          procuring the testimony of a revenue agent.  Only very minimal              
          delay ensued, and we do not perceive that petitioner was                    
          prejudiced thereby.  The Court is aware of no precedent for                 
          employing dismissal in such circumstances.                                  
               The Court further is satisfied that the testimony of the               
          agent laid a proper foundation for admission of the notices of              
          deficiency under rules 901 and 803(6) of the Federal Rules of               
          Evidence.  See also sec. 7453; Rule 143(a).  Petitioner’s oral              
          motion to dismiss shall be denied.                                          
          II.  Collection Action                                                      
               A.  General Rules                                                      
               Section 6331(a) authorizes the Commissioner to levy upon all           
          property and rights to property of a taxpayer where there exists            
          a failure to pay any tax liability within 10 days after notice              
          and demand for payment.  Sections 6331(d) and 6330 then set forth           
          procedures generally applicable to afford protections for                   
          taxpayers in such levy situations.  Section 6331(d) establishes             
          the requirement that a person be provided with at least 30 days’            
          prior written notice of the Commissioner’s intent to levy before            






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