Joseph D. and Wanda S. Lunsford - Page 17




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          within the meaning of a relevant statute, is entitled to judicial           
          review thereof.”  In full, APA section 703 provides:                        
               The form of proceeding for judicial review is the                      
               special statutory review proceeding relevant to the                    
               subject matter in a court specified by statute or, in                  
               the absence or inadequacy thereof, any applicable form                 
               of legal action, including actions for declaratory                     
               judgments or writs of prohibitory or mandatory                         
               injunction or habeas corpus, in a court of competent                   
               jurisdiction.  If no special statutory review                          
               proceeding is applicable, the action for judicial                      
               review may be brought against the United States, the                   
               agency by its official title, or the appropriate                       
               officer.  Except to the extent that prior, adequate,                   
               and exclusive opportunity for judicial review is                       
               provided by law, agency action is subject to judicial                  
               review in civil or criminal proceedings for judicial                   
               enforcement. [Emphasis added.]                                         

               It seems to me that the underscored language fits a section            
          6330(d)(1) appeal exactly.  If, indeed, a section 6330(b) hearing           
          is a prerequisite to a section 6330(c)(3) determination, then, by           
          all means, we should hold the determination to be unlawful and              
          set it aside (or take other appropriate action).  If we are going           
          to set the determination aside, we should do so in the manner               
          prescribed by Congress (in enacting the APA), and not by                    
          disclaiming the jurisdiction to do so.                                      
               C.  Conclusion                                                         
               Notwithstanding the failure of respondent’s Appeals officer            
          to offer a taxpayer a hearing before making a section 6330(c)(3)            
          determination, such determination is valid, in the sense that we            
          have jurisdiction under section 6330(d)(1) to review the                    






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