Jon David Cooksey - Page 5

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          a Hearing, regarding outstanding tax liabilities for 2000.  In              
          response, petitioner timely filed a request for a hearing.                  
               Respondent recorded a payment by petitioner of $32,157                 
          (i.e., the amount of the misdirected estimated tax remittance)              
          with respect to his 2000 Federal income tax liability on November           
          5, 2002.                                                                    
               Sometime in April or May 2003 respondent issued a notice of            
          determination to petitioner concluding that the levy was                    
          appropriate.  Petitioner timely filed a petition for review of              
          the determination under section 6330(d)(1).                                 
                                     Discussion                                       
               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 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 any               
          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 any levy is begun.                          
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by the Commissioner's Office of Appeals, and, at the              
          hearing, the Appeals officer conducting it must verify that the             






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