Terrie Elaine Banks - Page 5

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          of material fact, as discussed infra, we conclude that summary              
          judgment is appropriate in this case.  Naftel v. Commissioner, 85           
          T.C. 527, 529 (1985).                                                       
               Section 6331(a) authorizes the Secretary to levy upon                  
          property and property rights of a taxpayer liable for taxes who             
          fails to pay those taxes within 10 days after the notice and                
          demand for payment is made.  Section 6331(d) provides that the              
          levy authorized in section 6331(a) may be made with respect to              
          “unpaid tax” only if the Secretary has given written notice to              
          the taxpayer 30 days before the levy.  Section 6330(a) requires             
          the Secretary to send a written notice to the taxpayer of the               
          amount of the unpaid tax and of the taxpayer’s right to a section           
          6330 hearing at least 30 days before the levy is begun.                     
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by the Office of Appeals, and, at the hearing, the                
          Appeals officer conducting it must verify that the requirements             
          of any applicable law or administrative procedure have been met.            
          Sec. 6330(b)(1), (c)(2).  The taxpayer may raise at the hearing             
          “any relevant issue relating to the unpaid tax or the proposed              
          levy”.  Sec. 6330(c)(2)(A).  The taxpayer may also raise                    
          challenges to the existence or amount of the underlying tax                 
          liability at a hearing if the taxpayer did not receive a                    
          statutory notice of deficiency with respect to the underlying tax           
          liability or did not otherwise have an opportunity to dispute               






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