Michael A. Zapara and Gina A. Zapara - Page 19

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         2000, or that it was their last known address.  Second,                      
         petitioners contend that their housekeeper did not speak English,            
         had no authority to accept any letters or paperwork for                      
         petitioners, and did not give any of the notices to petitioners.             
         We need not linger long over this latter contention, however, for            
         as previously discussed, the Appeals officer verified (and                   
         petitioners have not refuted) that the notices were also mailed              
         to petitioners, by both regular and certified mail, on the same              
         date.  Petitioners have failed to refute the Appeals officer’s               
         verification that respondent made notice and demand for payment              
         of petitioners’ tax liabilities as required by section 6331(a).6             
         IV.  Notice of Intent To Levy                                                
              On brief, petitioners argue that they were not given proper             
         notice of intent to levy under section 6331(d).  Section                     
         6331(d)(1) and (2) provides that at least 30 days before taking              
         levy action, the Commissioner must provide the taxpayer with a               
         written notice of intent to levy.  The notice requirement of                 
         section 6331(d), however, does not apply to a levy if the                    
         Commissioner has made a finding that collection of tax is in                 

               6 At trial, respondent introduced into evidence Forms 3552,            
          Notice of Tax Due on Federal Tax Return, dated June 1, 2000 (the            
          same date the jeopardy levy was made), that are addressed to P.O.           
          Box 1405, Rancho Mirage, California 92270.   Petitioners do not             
          deny receiving these notices.  Inasmuch as we have upheld the               
          Appeals officer’s verification that respondent made proper notice           
          and demand on May 2, 2000, we need not and do not decide whether            
          these Forms 3552 satisfied the sec. 6331(a) notice and demand               
          requirements for the jeopardy levy.                                         




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