- 3 - petition to the wrong court, you will have 30 days after such determination to file with the correct Court. [Emphasis added.] Petitioner subsequently petitioned this Court for review pursuant to section 6330(d). Petitioner contended that he was not liable for the underlying tax liability because he was not a “responsible person” for purposes of collecting, accounting for, and paying over taxes as required by sections 6671 and 6672. Before answering the petition, respondent filed a motion to dismiss for lack of jurisdiction pursuant to section 6330(d)(1)(B) and Rule 53. In response, petitioner filed an opposition. Subsequently, petitioner filed a motion for award of reasonable litigation costs. On October 13, 2004, the parties presented oral arguments before this Court with regard to respondent’s motion to dismiss for lack of jurisdiction and petitioner’s motion for award of reasonable litigation costs. Discussion Motion To Dismiss for Lack of Jurisdiction Section 6330 provides persons liable for tax with the right to a hearing with the Commissioner’s Appeals Office before the Secretary may levy upon the property of such persons.3 The 3SEC. 6330. NOTICE AND OPPORTUNITY FOR HEARING BEFORE LEVY. (a) Requirement of Notice Before Levy.-- (1) In general.--No levy may be made on any property or right to property of any person unless the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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