- 30 - Section 6330(e)(1) provides in relevant part: “if a hearing is requested under * * * [section 6330(a)(3)(B)], the levy actions which are the subject of the requested hearing * * * shall be suspended for the period during which such hearing, and appeals therein, are pending.” In the instant case, however, the levy action that is the subject of the section 6330 hearing had already occurred--under section 6331(a), respondent had made a finding that the collection of tax was in jeopardy and had levied on the stock accounts. Under section 6330(f)(1), if the Commissioner has made a finding that the collection of tax is in jeopardy, section 6330 shall not apply, except that the taxpayer shall be given the opportunity for a section 6330 hearing within a reasonable period of time after the levy. By reason of section 6330(f)(1), section 6330(e)(1) did not suspend the levy action that had already occurred and did not otherwise preclude respondent from selling the stock under section 6335.14 F. Did the Internal Revenue Manual Preclude Respondent From Selling the Stock? Respondent also argues that a sale of the seized stock accounts would have been improper under Internal Revenue Manual, 14 On Jan. 18, 2002, the Secretary issued final regulations under sec. 6330, which are consonant with our reading of sec. 6330(e)(1). The applicable regulation asks: “What, if any, enforcement actions can the IRS take during the suspension period?” and answers: “the provisions in section 6330 do not apply when the IRS * * * determines that collection of the tax is in jeopardy.” Sec. 301.6330-1(g)(2), Q&A-G3, Proced. & Admin. Regs.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011