- 31 - FOLEY, J., dissenting: I respectfully disagree with the majority’s analysis and holding. In order to assert jurisdiction, deny petitioners their statutorily mandated hearing, and expedite the collection process, the majority have bifurcated this case into two opinions, both of which obfuscate the issues, ignore an unambiguous statute, and avoid addressing the most critical issue: Does the exchange of correspondence between respondent and petitioners constitute the hearing required by section 6330(b)(1)? Prior to overruling Meyer v. Commissioner, 115 T.C. 417 (2000), and taking jurisdiction, the majority must first answer this question. The majority did not do so. Undaunted by the facts and the law, the majority usurp jurisdiction over this matter and simply assert that, regardless of whether there was a hearing, the purported determination is “valid” and “we have jurisdiction”. Majority op. p. 11. Under the majority holding, virtually any piece of paper entitled “Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330” confers jurisdiction on this Court and may ultimately deprive the taxpayer of his statutory right to a hearing. 1. The Meyer Holding Is Correct In Meyer v. Commissioner, supra, the Appeals officer did not offer the taxpayers a hearing, yet proceeded to issue aPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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