Dan Pickell - Page 4




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          petitioner; dismissal on this ground would allow respondent to              
          levy upon petitioner’s property to satisfy his outstanding                  
          Federal tax liabilities.  On the other hand, petitioner argues              
          that he never received a valid final notice of intent to levy;              
          dismissal on that ground would invalidate the notice of levy.               
          See Kennedy v. Commissioner, 116 T.C. at 261; Kennedy v.                    
          Commissioner, T.C. Memo. 2008-33; Buffano v. Commissioner, supra.           
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by way of a levy upon the person’s property.               
          Section 6331(d) provides that, at least 30 days before proceeding           
          with enforced collection by way of a levy on a person’s property,           
          the Secretary is obliged to provide the person with a final                 
          notice of intent to levy, including notice of the administrative            
          appeals available.  See sec. 6330; Davis v. Commissioner, 115               
          T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179                 
          (2000).  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.  Secs. 6330(a)(2), 6331(d)(2); secs. 301.6330-1(a)(1),             
          301.6331-2(a)(1), Proced. & Admin. Regs.                                    
               “There is a strong presumption in the law that a properly              
          addressed letter will be delivered, or offered for delivery, to             







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