Thomas Olan Maxton, Jr. - Page 8




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          his petition with this Court, seeking review of respondent’s                
          determination, on February 10, 2005.  This case was submitted               
          fully stipulated pursuant to Rule 122 on December 14, 2005.7                
                                     Discussion                                       
          Section 6321 imposes a lien in favor of the United States on                
          all property and rights to property of a taxpayer liable for                
          taxes when a demand for payment of the taxes has been made and              
          the taxpayer fails to pay those taxes.  Section 6320(a) provides            
          that the Secretary shall furnish the taxpayer with written notice           
          of a Federal tax lien within 5 business days after the notice of            
          lien is filed.  Section 6320 further provides that the taxpayer             
          may request an Appeals hearing within 30 days beginning on the              
          day after the 5-day period described above.  Sec. 6320(a)(3)(B)             
          and (b)(1).  Section 6320(c) provides that the Appeals hearing              
          generally shall be conducted consistent with the procedures set             
          forth in section 6330.                                                      
          Section 6330(c) provides for review with respect to                         
          collection issues such as spousal defenses, the appropriateness             
          of the Commissioner’s proposed collection actions, and the                  
          possibility of collection alternatives.  Sec. 6330(c)(2)(A).  The           
          taxpayer may also challenge the amount of the underlying tax                
          liability if the taxpayer did not receive a statutory notice of             


               7This matter was submitted for disposition by order of the             
          Chief Judge to Judge Julian I. Jacobs on Feb. 13, 2007.                     






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