Joseph D. and Wanda S. Lunsford - Page 13




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          6330(b) hearing and any appeal therefrom.1  It does not appear              
          that Congress used the adjective “pending” in section 6330(e)(1)            
          in any special sense, and it is arguable that all section 6330              
          suspensions end upon our dismissal for lack of jurisdiction of a            
          case in which, pursuant to section 6330(d)(1), we are the only              
          Court to which an appeal may be made.  Moreover, under the last             
          sentence of section 6330(e)(1), a prerequisite to our                       
          jurisdiction to enjoin any collection action is the timely filing           
          of an appeal under section 6330(d)(1).  I have found no authority           
          that an appeal can be timely filed with a court that lacks                  



               1  Sec. 6330(e)(1) provides:                                           
               (e)  Suspension of Collections and Statute of                          
               Limitations.--                                                         
                    (1) In general.  Except as provided in paragraph                  
               (2), if a hearing is requested under subsection                        
               (a)(3)(B), the levy actions which are the subject of                   
               the requested hearing and the running of any period of                 
               limitations under section 6502 (relating to collection                 
               after assessment), section 6531 (relating to criminal                  
               prosecutions), or section 6532 (relating to other                      
               suits) shall be suspended for the period during which                  
               such hearing, and appeals therein, are pending.  In no                 
               event shall any such period expire before the 90th day                 
               after the day on which there is a final determination                  
               in such hearing.  Notwithstanding the provisions of                    
               section 7421(a), the beginning of a levy or proceeding                 
               during the time the suspension under this paragraph is                 
               in force may be enjoined by a proceeding in the proper                 
               court, including the Tax Court.  The Tax Court shall                   
               have no jurisdiction under this paragraph to enjoin any                
               action or proceeding unless a timely appeal has been                   
               filed under subsection (d)(1) and then only in respect                 
               of the unpaid tax or proposed levy to which the                        
               determination being appealed relates.                                  





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