Kenneth N. Headley - Page 6

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          jurisdiction over the underlying tax liability.  This Court’s               
          jurisdiction pursuant to section 6330(d)(1), therefore, depends             
          upon a notice of determination, a timely request for review, and            
          jurisdiction over the underlying tax liability.  See Moorhous v.            
          Commissioner, 116 T.C. 263, 269 (2001); Offiler v. Commissioner,            
          114 T.C. 492, 498 (2000).                                                   
               The flush language of section 6330(d)(1) provides that “If a           
          court determines that the appeal was to an incorrect court, a               
          person shall have 30 days after the court determination to file             
          such appeal with the correct court.”  (Emphasis added.)  In the             
          case before us, no court has made such a determination.  The                
          District Court, sua sponte, dismissed without prejudice                     
          petitioner’s complaint because of petitioner’s failure to serve             
          the defendant.  This was not a “court [determination] that the              
          appeal was to an incorrect court”.  The consequence is that                 
          petitioner’s appeal to this Court was made far beyond the                   
          expiration of the 30-day period provided for in section                     
          6330(d)(1) and is therefore untimely by a wide margin, since the            
          petition was not mailed until December 16, 2004.  The 30-day                
          period for timely filing a petition with this Court began on                
          October 23, 2003, the date of the year 2000 determination letter,           
          and expired on November 24, 2003.  Since the petition was                   
          untimely, we lack jurisdiction to consider petitioner’s appeal.             
          This is true notwithstanding the fact that the petition was                 
          mailed within 30 days from the date of the District Court’s order           




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