Dudley and Dorothy Moorhous - Page 12




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               As previously discussed, because petitioner Dudley Moorhous            
          failed to file a timely request for an Appeals Office hearing,              
          the Appeals Office was not obliged to conduct such a hearing.  In           
          this regard, the decision letter issued to petitioner Dudley                
          Moorhous was not, and did not purport to be, a determination                
          letter pursuant to section 6320 or section 6330.  See Kennedy v.            
          Commissioner, supra; Offiler v. Commissioner, supra at 495.                 
               Consistent with the foregoing, we shall grant respondent’s             
          motion to dismiss for lack of jurisdiction as to petitioner                 
          Dudley Moorhous on the ground that the Appeals Office did not               
          issue a determination letter to petitioner Dudley Moorhous                  
          pursuant to section 6330 due to petitioner Dudley Moorhous’                 
          failure to file a timely request for an Appeals Office hearing              
          pursuant to section 6330(a)(2) and (3)(B) and (b).  In addition,            
          we shall strike all references in the petition to the taxable               
          years 1987 and 1988 because those years relate solely to                    
          petitioner Dudley Moorhous; likewise, we shall strike all                   
          references to the taxable year 1997 because (1) such year relates           
          to petitioner Dudley Moorhous and (2) that year was not included            
          in the notice of intent to levy and the determination letter that           
          were issued to petitioner Dorothy Moorhous.                                 
               4.  Petitioners’ Arguments                                             
               Petitioners contend that because petitioners filed joint               
          returns for a number of the years in issue, the term “person” as            






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