Thomas and Iris Tilley - Page 3




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          the Tax Court on January 8, 2001, which date is 593 days after              
          the mailing of the notices of determination.  The date of the               
          U.S. Postmark stamped on the cover in which the petition was                
          mailed by regular mail to this Court is January 4, 2001, which              
          date is 589 days after the mailing of the notices of                        
          determination.                                                              
               Petitioners do not contest the foregoing facts.                        
               Respondent’s position is that the petition was not filed               
          with the Court within the time prescribed by sections 6330(d)(1)            
          or 7502.  Petitioners’ position is that respondent did not                  
          provide petitioners with an opportunity for a hearing as required           
          by section 6330 and therefore that this Court should dismiss this           
          case because petitioners claim the notices of determination are             
          invalid.                                                                    
               There is no dispute that the Court lacks jurisdiction in               
          this case.                                                                  
               Section 6330 provides in part as follows:                              
               SEC. 6330(a). Requirement Of Notice Before Levy.--                     
               (1) In General.-–No levy may be made on any property or                
               right to property of any person unless the Secretary has               
               notified such person in writing of their right to a hearing            
               under this section before such levy is made.  Such notice              
               shall be required only once for the taxable period to which            
               the unpaid tax specified in paragraph (3)(A) relates.                  
               (2) Time And Method For Notice.-–The notice required                   
               under paragraph (1) shall be–-                                         
               *       *        *        *        *        *        *                 
               (C) sent by certified or registered mail, return                       
          receipt requested, to such person’s last known address;                     





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