Douglas Leroy and Nancy Helene Maxfield - Page 4




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               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 amount            







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