James R. Kennedy - Page 5




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          delivered.  The notice of intent to levy stated in pertinent                
          part:  “If you don’t pay the amount you owe, make alternative               
          arrangements to pay, or request Appeals consideration within 30             
          days from the date of this letter, we may take your property”.              
               On December 1, 1999, the Appeals Office received a Form                
          12153, Request for a Collection Due Process Hearing, from                   
          petitioner.  Petitioner’s request arrived at the Appeals Office             
          in an envelope bearing a U.S. Postal Service postmark date of               
          November 30, 1999.                                                          
               Although the Appeals Office concluded that petitioner had              
          failed to file his request for a hearing within the time                    
          prescribed in section 6230 or 6330, the Appeals Office granted              
          petitioner a so-called equivalent hearing.  See sec. 301.6330-              
          1T(i), Temporary Proced. & Admin. Regs., 64 Fed. Reg. 3413 (Jan.            
          22, 1999).  Petitioner attended the equivalent hearing, which was           
          conducted on July 24, 2000.  On August 17, 2000, the Appeals                
          Office issued a “decision letter” to petitioner stating that                
          respondent would proceed with collection by way of levy.                    
          Respondent’s decision letter states in pertinent part:                      
               Your due process hearing request was not filed within                  
               the time prescribed under Section 6320 and/or 6330.                    
               However, you received a hearing equivalent to a due                    
               process hearing except that there is no right to                       
               dispute a decision by the Appeals Office in court under                
               IRC Sections 6320 and/or 6330.                                         









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