David D. Smith - Page 11

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               Section 6330(a) provides in pertinent part that the                    
          Secretary shall notify a person in writing of his or her right to           
          an Appeals Office hearing regarding a final notice of intent to             
          levy by mailing such notice by certified or registered mail to              
          such person at his or her last known address.  Section 6330(a)(2)           
          provides that the prescribed notice shall be provided not less              
          than 30 days before the day of the first levy with respect to the           
          amount of the unpaid tax for the taxable period.  Further,                  
          section 6330(a)(3)(B) provides that the prescribed notice shall             
          explain that the person has the right to request an Appeals                 
          Office hearing during that 30-day period.                                   
               Where the taxpayer has timely requested an Appeals Office              
          hearing and the Appeals Office has issued a notice of                       
          determination to the taxpayer regarding a proposed levy action,             
          section 6330(d)(1) provides that the taxpayer will have 30 days             
          following the issuance of such notice to file a petition for                
          review with the Tax Court or Federal District Court, as may be              
          appropriate.  See Offiler v. Commissioner, 114 T.C. 492, 498                
          (2000).  Notably, there is no provision analogous to section                
          6213(f) in section 6330 that tolls the statutory period for                 
          filing a timely petition for lien or levy action for the period             











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