RULE 56. MOTION FOR REVIEW OF JEOPARDY ASSESSMENT OR JEOPARDY LEVY
- (a) Commencement of Review:
- (1) How Review Is Commenced: Review of a jeopardy assessment or
a jeopardy levy under Code Section 7429(b) shall be commenced by
filing a motion with the Court. The petitioner shall place on the
motion the same docket number as that of a then pending action
under Code Section 6213(a) which provides the jurisdictional nexus
for review required by Code Section 7429(b)(2)(B). The motion shall
be styled "Motion for Review of Jeopardy Assessment" or "Motion for
Review of Jeopardy Levy", as may be appropriate. As to joinder of
such motions, see Rule 54.
- (2) When Review Is Commenced: The motion under subparagraph (1)
shall be filed within the time provided by Code Section
7429(b)(1).
- (b) Service of Motion: A motion filed with the Court pursuant
to this Rule shall be served by the petitioner on counsel for the
Commissioner (as specified in Rule
21(b)(1)) in such manner as may reasonably be expected to reach
the Commissioner's counsel not later than the day on which the
motion is received by the Court.
- (c) Content of Motion: A motion filed pursuant to this Rule
shall contain the following:
- (1) A statement whether the petitioner contends that:
- (A) the making of the assessment in respect of which the motion
is filed was not reasonable under the circumstances;
- (B) the amount so assessed or demanded is not appropriate under
the circumstances; or
- (C) the levy in respect of which the motion is filed was not
reasonable under the circumstances.
- (2) As to each contention in paragraph (c)(1) of this Rule,
- (A) clear and concise assignments of each and every error which
the petitioner alleges to have been committed by the Commissioner;
and
- (B) clear and concise lettered statements of the facts on which
the petitioner bases the assignments of error.
- (3) As to the contention in paragraph (c)(1)(B) of this Rule,
a statement of the amount, if any, that would be appropriate under
the circumstances.
- (4) A statement whether the petitioner requests an evidentiary
or other hearing on the motion, and if so, the reasons why. For the
place of hearing, see paragraph (e) of this Rule.
- (5) A list identifying by caption and number all other dockets
in which the motion could have been filed if more than one then
pending action for the redetermination of a deficiency under Code
Section 6213(a) provides the jurisdictional nexus for review
required by Code Section 7429(b)(2)(B).
- (6) A copy of--
- (A) the written statement required to be furnished to the
petitioner under Code Section 7429(a)(1), together with any notice
or other document regarding the jeopardy assessment or jeopardy
levy that may have been served on the petitioner by the
Commissioner and in respect of which the motion is filed;
- (B) the request for administrative review made by the
petitioner under Code Section 7429(a)(2); and
- (C) the determination made by the Commissioner under Code
Section 7429(a)(3).
- (7) A certificate showing service of the motion in accordance
with paragraph (b) of this Rule.
- (d) Response by Commissioner:
- (1) Content: The Commissioner shall file a written response to
a motion filed pursuant to this Rule. The response shall contain
the following:
- (A) A specific admission or denial of each allegation in the
motion, arranged in paragraphs that are designated to correspond to
those of the motion to which they relate.
- (B) A clear and concise statement of every ground, together
with the facts in support thereof, on which the Commissioner
relies.
- (C) A statement whether the Commissioner requests a hearing on
the motion, and if so, the reasons why.
- (D) A copy of--
- (i) the written notification to the Court required by Code
Section 6861(c); and
- (ii) any item required for consideration of the basis of the
petitioner's motion, if that item has not been attached to the
petitioner's motion.
- (E) A certificate showing service of the response in accordance
with subparagraph (2) of this paragraph.
- (2) Time for and service of response. The response required by
paragraph (d)(1) of this Rule shall be received by the Court not
later than 10 days after the date on which the petitioner's motion
is received by the Court. Said response shall be served by the
Commissioner in such manner as may reasonably be expected to reach
the petitioner or the petitioner's counsel (as specified in Rule 21(b)(2)) not later than the day on
which the response is received by the Court.
- (e) Place of Hearing: If required, a hearing on the motion
filed pursuant to this Rule will ordinarily be held at the place of
trial previously designated in accordance with paragraph (a) of Rule 140 unless otherwise ordered by the
Court.
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