117 T.C. No. 18 UNITED STATES TAX COURT DAVID J. AND JO DENA JOHNSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 12616-00L. Filed November 30, 2001. Ps filed returns for 1994, 1995, and 1996, in which they reported their wages as income. Ps later filed amended returns for those years in which they reported no income and contended that wages are not taxable. R assessed the frivolous return penalty imposed by sec. 6702, I.R.C., for those years. After offering Ps an opportunity to attend a prelevy hearing, R issued a notice of determination under secs. 6320 and/or 6330, I.R.C. Ps contend that R’s determination is invalid because R failed to comply with the hearing requirement provided by sec. 6330(b)(1), I.R.C. R contends that we lack jurisdiction under sec. 6330(d)(1)(A), I.R.C., to review the determination because it relates to the frivolous return penalty. Held: We lack jurisdiction to review R’s lien and levy determination to proceed with collection of thePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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