Robert L. Perkins - Page 7




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          appropriate for respondent to proceed with the proposed levy.               
          The notice of determination reasoned that petitioner could not              
          challenge the underlying tax liability because he had received a            
          "prior opportunity to appeal."6                                             
               Petitioner timely petitioned the Court for review of                   
          respondent's determination.                                                 
                                       OPINION                                        
          I. Background                                                               
               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 notice and demand             
          for payment is made.  Section 6331(d) provides that the levy                
          authorized in section 6331(a) may be made with respect to any               
          unpaid tax only if the Secretary has given written notice to the            
          taxpayer 30 days before levy.  Section 6330(a) requires the                 
          Secretary to send a written notice to the taxpayer of the amount            
          of the unpaid tax and of the taxpayer's right to a section 6330             
          hearing at least 30 days before any levy is begun.                          
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by an officer or employee of the Commissioner's Office            
          of Appeals who has had no prior involvement with respect to the             

               6 The notice did not address the issue raised by petitioner            
          in his hearing request concerning the appropriateness of                    
          respondent's initiating a collection action when petitioner's               
          abatement request was pending before respondent’s Appeals Office.           







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