Anthony and Lena C. Andre - Page 4

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          notices on standard forms--commonly, if prosaically, called the             
          Notice of Federal Tax Lien (NFTL) and Notice of Intent to Levy              
          (NIL).                                                                      
               The Code allows taxpayers who are sent one of these notices            
          a right to a hearing--commonly called a CDP hearing--before the             
          IRS can use a lien or levy to collect the unpaid taxes.  Under              
          section 6320(a)(3)(B),1 a taxpayer has the right “to request a              
          hearing during the 30-day period beginning on the day after the             
          5-day period” after the filing of the notice of the lien.  Under            
          section 6330(a)(3)(B), a taxpayer has the right “to request a               
          hearing during the 30-day period” before the day of the first               
          levy for a particular tax period.                                           
               An IRS employee presides at a CDP hearing and then issues a            
          notice of determination on whether the collection method proposed           
          by the Commissioner is appropriate.  Secs. 301.6320-1(b)(2), Q&A-           
          B3, 301.6330-1(e)(3), Q&A-E8(i), Proced. & Admin. Regs.  Once the           
          IRS sends out a notice of determination, a taxpayer who wants to            
          challenge it in Tax Court must file his petition within 30 days.            
               This usually makes figuring out whether or not we have                 
          jurisdiction fairly easy--we have jurisdiction if there is a                
          valid notice of determination and a timely petition for review.             


               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code of 1986, as amended.                                  






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