- 7 - on January 27, 2006, issued a decision letter sustaining the levy action. Petitioners timely filed their petition, in which they seek review of respondent’s decision letter and a determination that respondent abused his discretion in sustaining the levy action. Respondent moved to dismiss the petition for lack of jurisdiction, and a hearing on respondent’s motion to dismiss was held. 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 notice and demand for payment. Section 6331(d) provides that the levy authorized in section 6331(a) may be made with respect to any unpaid tax only after the Secretary has notified the person in writing of his intention to make the levy at least 30 days before any levy action is begun. Section 6330 elaborates on section 6331 and provides that upon a timely request a taxpayer is entitled to a collection hearing before the IRS Office of Appeals. Sec. 6330(a)(3)(B) and (b)(1). A request for a collection hearing must be made within the 30-day period commencing on the day after the date of the section 6330 notice. Sec. 6330(a)(3)(B), (2); sec. 301.6330-1(b)(1), Proced. & Admin. Regs. Section 6330(a)(1) requires the Secretary to issue a section 6330 notice only oncePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007