Richard and Mabel Kelby - Page 4

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          The Court may retain jurisdiction over the case upon remand to              
          the Appeals Office.                                                         
               The Court’s retention of jurisdiction upon remand does not             
          adversely affect the ability of the taxpayer to receive a fair              
          section 6330 hearing.  The Court may include instructions and               
          explain the purpose of a remand to the Appeals Office.  See,                
          e.g., Keene v. Commissioner, 121 T.C. 8, 19 (2003); Cooley v.               
          Commissioner, T.C. Memo. 2004-49.  Upon remand, the Appeals                 
          Office may further consider the taxpayer’s arguments.  See sec.             
          6330(d)(2); Lunsford II, supra at 189.                                      
               Petitioner also argues that the Notice of Determination                
          should be vacated.  We interpret petitioners’ argument that the             
          Notice should be vacated as a request to invalidate the Notice.             
          Whether petitioner had:                                                     
               an appropriate hearing opportunity, or whether the                     
               hearing was conducted properly, or whether the hearing                 
               was fair, or whether it was held by an impartial                       
               Appeals Officer, or whether any of the other                           
               nonjurisdictional provisions of section 6330 were                      
               properly followed, will all be factors that we must                    
               take into consideration under section 6330 in deciding                 
               such cases.  But none of these factors should preclude                 
               us from exercising our jurisdiction under section                      
               6330(d), in order to resolve the underlying dispute in                 
               a fair and expeditious manner.                                         
          Lunsford I, supra at 164.  In this case the Notice of                       
          Determination embodies a determination to proceed with the                  
          collection of the taxes in issue, and the petition was timely.              
          Accordingly, we shall not invalidate the Notice of Determination.           






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