- 8 - controls this issue, and thus we will dismiss this case for lack of jurisdiction. B. Whether We Will Decide If Respondent Failed To Hold a Hearing as Required by Section 6330(b) in a Case in Which We Lack Jurisdiction To Review the Lien and Levy Determination Petitioners contend that respondent’s determination is invalid because, according to petitioners, respondent failed to comply with the hearing requirement provided by section 6330(b)(1). In Meyer v. Commissioner, 115 T.C. 417 (2000), as here, the taxpayers contended that we lacked jurisdiction to review the lien and levy determination on the ground that the section 6330(b) hearing requirement was not met. The Commissioner moved to dismiss for lack of jurisdiction on the grounds that we lacked jurisdiction over the underlying tax liability (frivolous return penalty), see Van Es v. Commissioner, supra, and that the petitions were not filed within the 30-day period prescribed by section 6330(d)(1)(A). We held in Meyer that we lacked jurisdiction on the ground that the determination letters were invalid because the Appeals Office did not provide the taxpayers with an opportunity for a hearing. Meyer v. Commissioner, supra at 422-423; see sec. 6330(b). Here, we lack jurisdiction to review respondent’s lien and levy determination to proceed with collection of the frivolous return penalty. Van Es v. Commissioner, supra at 328-329.Page: 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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