David J. and Jo Dena Johnson - Page 8




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          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.                   







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