- 35 - tax, the Secretary may immediately levy upon the property or rights to property of the person subject to the tax liability without regard to the 10-day period otherwise required under section 6331(a).19 Pursuant to section 6330(f), the person subject to such a jeopardy levy is entitled to a section 6330 hearing within a reasonable period of time after the jeopardy levy. Pursuant to section 6330(d), this Court has jurisdiction to review the determination of respondent’s Appeals Office with respect to a jeopardy levy. Dorn v. Commissioner, 119 T.C. 356, 359 (2002). We review such determinations for abuse of discretion. Zapara v. Commissioner, 124 T.C. 223, 228 (2005). In the instant case, respondent’s Appeals Office incorporated petitioner’s jeopardy levy hearing into petitioner’s section 6330 hearing on remand, and the Appeals officer sustained the jeopardy levy. The actions of petitioner with respect to the 1997 bankruptcy sale proceeds demonstrate that the jeopardy levy was proper. Petitioner received the bankruptcy sale proceeds after the discharge of Barbara Drake and petitioner from the 1997 bankruptcy, and a Federal tax lien attached. Subsequently, petitioner gratuitously transferred the bankruptcy sale proceeds to Darren Drake and Gregory Drake, Jr., who took the proceeds 19Assuming that sec. 6331(k)(1) applies to a jeopardy levy case, in the instant case, sec. 6331(k)(1) did not preclude a jeopardy levy against petitioner because respondent accepted petitioner’s offer-in-compromise for processing only after the jeopardy levy had been imposed.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011