- 3 - Petitioners did not pay all of the amount assessed for 1999. Respondent issued petitioners a Notice of Intent to Levy and Notice of Your Right to a Hearing in July 2004. Petitioners timely submitted a Form 12153, Request for a Collection Due Process Hearing. Petitioners’ case was assigned to a settlement officer, who conducted a telephone hearing with petitioners. Petitioners attempted to challenge the underlying tax liability during the hearing, but the settlement officer refused to consider the issue because respondent had sent petitioners a notice of deficiency. After the hearing, respondent issued the notice of determination sustaining the proposed levy. The notice of determination states in part that the proposed levy was no more intrusive than necessary and that the requirements of applicable law and administrative procedure were met. Petitioners filed a timely petition for review of respondent’s determination. 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 a notice and demand for payment is made. Section 6331(d) provides that the levy may be made only if the Secretary has given written notice to the taxpayer 30 days before the levy. Section 6330(a) requires the Secretary to send a written notice to the taxpayer of the amountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007