Joseph D. and Wanda S. Lunsford - Page 6




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               On November 3, 1999, a notice of determination was sent to             
          petitioners by the IRS Appeals Office which sustained the                   
          proposed levy.  The notice of determination included findings               
          that:  (1) All procedural, administrative, and statutory                    
          requirements were met; (2) the Form 4340 satisfied the                      
          requirements of section 6203;4 (3) petitioners failed to present            
          any collection alternatives; and (4) the proposed levy was                  
          justified.  On December 2, 1999, petitioners filed a timely                 
          petition to the Tax Court.                                                  
               Neither petitioners nor respondent has moved or argued that            
          we lack jurisdiction in this case.  However, questions regarding            
          jurisdiction were raised by the trial judge at the time the case            
          was called for trial.  The specific jurisdictional question                 
          concerned whether petitioners were offered an opportunity for a             
          hearing with an IRS Appeals officer.  The trial judge’s inquiry             
          was based on our opinion in Meyer v. Commissioner, 115 T.C. 417,            
          422-423 (2000), which held that we lacked jurisdiction under                
          section 6330(d) if the taxpayer was not given an opportunity for            
          an Appeals hearing.                                                         


               4Sec. 6203 requires the Secretary to record the liability of           
          the taxpayer and to furnish a copy of the record of assessment to           
          the taxpayer on request.  Sec. 301.6203-1, Proced. & Admin.                 
          Regs., provides that an assessment officer shall make the                   
          assessment and sign the “summary record of assessment.  The                 
          summary record, through supporting records, shall provide                   
          identification of the taxpayer, the character of the liability              
          assessed, the taxable period, if applicable, and the amount of              
          the assessment.”                                                            





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