- 8 - decided an issue regarding the adequacy of the hearing opportunity and its ramifications which should have been considered in the first instance by a district court with subject matter jurisdiction. Secondly, in Meyer v. Commissioner, supra, our holding that the notice of determination was invalid was improperly predicated on facts regarding procedures that were followed prior to the issuance of the notice of determination rather than on the notice of determination itself. Id. at 422-423. Our analysis in Meyer improperly required us to look behind the notice of determination. In Offiler v. Commissioner, 114 T.C. at 498, we analogized a notice of determination issued pursuant to section 6330(c)(3) to a notice of deficiency issued pursuant to section 6212, and said that the notice of determination is the jurisdictional “equivalent of a notice of deficiency.”6 In the context of a 5(...continued) jurisdiction over a sec. 6330 case involving income tax and noting that the taxpayer had 30 days to file in the Tax Court. In True, the taxpayer had not been given an opportunity for an Appeals hearing. The district court properly deferred consideration of that matter to the Tax Court, which had subject matter jurisdiction. 6In Meyer v. Commissioner, 115 T.C. 417, 421 (2000), we correctly stated the role that a notice of determination and timely petition play in our jurisdiction as follows: Section 6330(d) imposes certain procedural prerequisites on judicial review of collection matters. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011