Estate of Melvine B. Atkinson, Deceased, Christopher J. MacQuarrie, Personal Representative - Page 11




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          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.                                           





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