Mardi Rustam - Page 3

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               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...)           





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