- 7 - petitioner had requested, and (2) Owens arranged for the attendance at the hearing by the person who declared petitioners’ Forms 1040X, Amended U.S. Individual Income Tax Return, to be frivolous and by the person who made the decision to levy petitioners’ property without a court order. C. Respondent’s Notice of Determination On November 2, 2000, respondent sent petitioners a notice of determination concerning collection actions in which respondent determined to proceed with collection from petitioners of the frivolous return penalty for 1994, 1995, and 1996, and told petitioners that they have 30 days to file a complaint in the appropriate U.S. District Court for a redetermination. The notice of determination appeared valid on its face. Petitioners timely filed in this Court an appeal of respondent’s determination. On January 2, 2001, petitioners filed with the Court an amended petition for lien or levy action under section 6320(c) or section 6330(d). Discussion A. Whether the Tax Court Has Jurisdiction To Review Respondent’s Determination Under Sections 6320 and 6330 We have previously held that we lack jurisdiction under section 6330(d)(1)(A) to review the Commissioner’s determination to collect by levy the frivolous return penalty under section 6702. Van Es v. Commissioner, 115 T.C. at 328-329. That casePage: Previous 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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