Paul J. Kennedy - Page 5




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          Commissioner, 115 T.C. 35, 37 (2000), and Goza v. Commissioner,             
          114 T.C. 176, 179 (2000)).  Further, section 6330(a)(2) provides            
          that the notice of intent to levy must be given in person, left             
          at the person’s dwelling or usual place of business, or sent by             
          certified or registered mail to the person’s last known address.            
          Thus, because the taxpayer’s last known address was not used, we            
          found the final notice of intent to levy invalid.  Buffano v.               
          Commissioner, supra.                                                        
               While respondent concedes that the final notice of intent to           
          levy was invalid because it was not sent via certified mail,                
          respondent has also filed liens against petitioner’s property.              
          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 has failed to pay those taxes.  Section 6320(a) provides           
          that the Secretary shall furnish the taxpayer with a written NFTL           
          within 5 business days after the NFTL is filed, including notice            
          of the administrative appeals available to the taxpayer.  Like              
          the final notice of intent to levy, section 6320(a) provides that           
          the notice of filing of a lien must be given in person, left at             
          the person’s dwelling or usual place of business, or sent by                
          certified or registered mail to the person’s last known address.            
               However, in contrast to a levy, the Secretary need not                 
          provide notice before the filing of a lien.  Instead, the                   







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