Mount

Mount v. United States

Good Law
328 F. App'x 569
United States Court of Appeals for the Ninth CircuitJuly 8, 2009No. 07-56641California297 words

Opinion

Lead Opinion

MEMORANDUM **

Jeanne Mount appeals pro se from the district court’s order dismissing her action alleging procedural and substantive violations of the tax code by the Internal Revenue Service (“IRS”) in levying her Social Security benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b), Allen v. Gold Country Casino, 464 F.3d 1044, 1046 (9th Cir.2006), and we affirm.

The district court properly rejected Mount’s argument that the IRS was required to send a notice of seizure in addition to the notice of levy, because only a notice of levy is required to levy on intangible property. See United States v. Donahue Indus., Inc., 905 F.2d 1325, 1330 (9th Cir.1990); see also 26 U.S.C. § 6322 (providing that tax liens arise at the time of assessment and continue until the liability is satisfied); Sego v. Comm’r, 114 T.C. 604, 611 (2000) (“[Tjaxpayers cannot defeat actual notice by deliberately refusing delivery of statutory notices of deficiency.”).

Contrary to Mount’s contentions, the United States has not waived sovereign immunity as to claims other than chal *570 lenges to the procedural…

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