Brad Daniel Clarke, Sr. - Page 7




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                                     Discussion                                       
          Section 6331(a) authorizes the Secretary to levy upon                       
          property and property rights of a taxpayer liable for taxes who             
          fails to pay those taxes within 10 days after notice and demand             
          for payment.  Section 6331(d) provides that the levy authorized             
          in section 6331(a) may be made with respect to any “unpaid tax”             
          only after the Secretary has notified the person in writing of              
          his intention to make the levy and of the taxpayer’s right to a             
          section 6330 hearing at least 30 days before any levy action is             
          begun.                                                                      
          If a section 6330 hearing is requested, the hearing is to be                
          conducted by the Commissioner’s Office of Appeals, and, at the              
          hearing, the Appeals officer conducting it must verify that the             
          requirements of any applicable law or administrative procedure              
          have been met.  Sec. 6330(b)(1), (c)(1).  The taxpayer is                   
          entitled to one hearing with respect to “the taxable period to              
          which the unpaid tax specified in * * * [the levy notice]                   
          relates.”  Sec. 6330(b)(2).  The taxpayer may raise at the                  
          hearing “any relevant issue relating to the unpaid tax or the               
          proposed levy”.  Sec. 6330(c)(2)(A).                                        
               At the conclusion of the hearing, the Appeals officer must             
          determine whether and how to proceed with collection and shall              
          take into account (i) the verification that the requirements of             
          any applicable law or administrative procedure have been met,               







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Last modified: November 10, 2007