- 24 - determination, respondent’s Appeals Office stated, inter alia, that (1) the parties had been unable to settle the instant case; (2) that petitioner was precluded from challenging the underlying liability for his 1995 tax year because he had the opportunity to dispute the liability during the 1997 bankruptcy proceeding; (3) that Barbara Drake is not a party to the instant case because she was not a party to the petition filed with the Tax Court pursuant to section 6330(d) and Rule 331(a); (4) that the jeopardy levy was appropriate because petitioner appeared to be designing to quickly place his property beyond the reach of the Government and because petitioner’s financial solvency appears to be imperiled; and (5) that petitioner’s offer-in-compromise is rejected on the ground that petitioner failed to submit requested financial verification documents necessary to evaluate the offer. On April 13, 2006, petitioner filed a response to the supplemental notice of determination. OPINION I. Sections 6330 and 6331 If any person liable to pay any tax neglects or refuses to pay such tax within 10 days after notice and demand for payment, section 6331(a) authorizes the Secretary to collect such tax by levy upon property belonging to the person. Notwithstanding section 6331(a), section 6330(a) provides that no levy may be made unless the Secretary first notifies the person in writing ofPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011