Edward Fong - Page 4




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               On December 11, 2006, respondent filed a motion to dismiss             
          for lack of jurisdiction.  On January 3, 2007, petitioner filed a           
          response opposing respondent’s motion.  On February 5, 2007, this           
          case was called for hearing on respondent’s motion.  There was no           
          appearance by or on behalf of petitioner.3                                  
                                     Discussion                                       
          A.  Notice of Determination and Section 6330(d) Review                      
               The Secretary is authorized to collect a taxpayer’s unpaid             
          tax liability by way of a levy upon the person's property if the            
          person neglects or refuses to pay the tax owed within 10 days               
          after notice and demand for payment.  Sec. 6331(a).  Section                
          6330(a) provides that no levy may be made on any property or                
          right to property of any person unless the Secretary has notified           
          such person in writing (section 6330(a) notice) of the right to a           
          hearing (section 6330 hearing) before the levy is made.4  The               
          section 6330(a) notice must be given in person, left at the                 
          person's dwelling or usual place of business, or sent by                    
          certified or registered mail, return receipt requested, to the              
          person's last known address.  Sec. 6330(a)(2); sec.                         
          301.6330-1(a), Proced. & Admin. Regs.                                       


               3 After the hearing, respondent filed a motion to dismiss              
          for lack of prosecution.  Because we hold that we do not have               
          jurisdiction to hear petitioner’s case under sec. 6330(d), the              
          motion to dismiss for lack of prosecution will be denied.                   
               4 Under sec. 6331(d), the Secretary is also required to give           
          notice of intent to levy before a levy may proceed.                         





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