- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007