Gregory Drake - Page 24

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          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 of           






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