Edward F. Murphy - Page 11

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                                       OPINION                                        
          I.  Introduction                                                            
               Petitioner has assigned error to Appeals’ (Ms. Boudreau’s)             
          determination that respondent may proceed to collect the unpaid             
          tax by levy (the determination).  Before addressing the                     
          assignment, we provide a general overview of the authority of the           
          Secretary of the Treasury (Secretary) to collect unpaid taxes by            
          levy, the procedures he must follow to do so, and our authority             
          to review the determination.  We also describe the Secretary’s              
          authority to compromise a tax case.  We then state the parties’             
          arguments and dispose of respondent’s objections to certain                 
          testimony of petitioner’s and Ms. Boudreau’s.  Finally, we decide           
          whether Ms. Boudreau erred in making the determination.  We                 
          decide that she did not.                                                    
          II.  Sections 6330 and 6331                                                 
               Section 6331(a) authorizes the Secretary to levy against               
          property and property rights where a taxpayer liable for taxes              
          fails to pay those taxes within 10 days after notice and demand             
          for payment is made.  Section 6331(d) requires the Secretary to             
          send the taxpayer written notice of the Secretary’s intent to               
          levy, and section 6330(a) requires the Secretary to send the                











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