- 9 - Petitioners do not dispute either point. However, they contend that the cases should be dismissed on a third ground; i.e., that the determination letters are invalid. There is no dispute that the Court lacks jurisdiction in these cases. Because the basis for dismissal may affect whether respondent may proceed with collection, we are obliged to determine the proper ground for dismissal. Assuming that respondent failed to issue valid determination letters, we will dismiss the cases on that basis, rather than on either of the alternative grounds upon which respondent's motions are based. See, e.g., Pietanza v. Commissioner, 92 T.C. 729, 735-736 (1989), affd. by unpublished opinion 935 F.2d 1282 (3d Cir. 1991). The Court has not previously considered the elements necessary for a valid determination letter under section 6330. Suffice it to say, section 6330(b) contemplates that an Appeals Office hearing, if duly requested by the taxpayer, must precede the issuance of a determination letter. See Offiler v. Commissioner, supra. Section 6330(b)(1) plainly states that if a taxpayer "requests a hearing under subsection (a)(3)(B), such hearing shall be held by the Internal Revenue Service Office of Appeals." In Katz v. Commissioner, 115 T.C. __, ___ (2000)(slip op. at 14-15), we recently held that the Commissioner had complied with the hearing requirement under section 6330(b)(1) by offering thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011