Joseph D. and Wanda S. Lunsford - Page 31




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               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 a                     










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