- 11 - that Mr. Williams could provide testimony regarding his contact with respondent’s revenue and Appeals officers.8 At trial, Mr. Williams’ uncontested testimony established that at the time the estate received the notice of intent to levy, the estate and respondent were still communicating, exchanging documents and information, and working to arrange for the payment of the estate taxes. Specifically, Mr. Williams stated that during his conversation with Ms. Clark on June 1, 2004, she did not inform him that the notice of intent to levy had been issued, and instead requested information and documents, which caused him to believe that they were still cooperating. OPINION I. Collection Action A. General Rules Pursuant to section 6331(a), if a taxpayer liable to pay taxes fails to do so within 10 days after notice and demand for payment, the Secretary is authorized to collect such tax by levy upon the taxpayer’s property. The Secretary is obliged to provide the taxpayer with 30 days’ advance notice of levy and to include in the notice information regarding the administrative appeals available to the taxpayer. Sec. 6331(d)(2), (4). Section 6330 elaborates on section 6331 and provides that upon a 8The Court granted Mr. Williams’ oral motion to withdraw as counsel on Dec. 14, 2005. Mitchell I. Horowitz replaced Mr. Williams as the estate’s counsel.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007