Joseph D. and Wanda S. Lunsford - Page 35




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          taxpayer does not request a hearing, obviously no hearing is held,          
          and there can be no determination issued pursuant to section                
          6330(c)(3).  If a taxpayer requests a hearing, and the Appeals              
          Office does not hold such a hearing, the Appeals Office may not             
          issue a determination pursuant to section 6330(c)(3), as was the            
          case in Offiler, Kennedy, and Moorhous, or if the Appeals Office            
          purports to issue a determination pursuant to section 6330(c)(3),           
          any such purported determination is not valid.  Only after a                
          hearing is held may a determination be issued.  See sec.                    
          6330(c)(3).  Only after such a hearing is held and after such a             
          determination is made may a taxpayer appeal that determination to           
          this Court (or in certain cases to the District Court).  See sec.           
          6330(d), entitled “Proceeding after hearing” (emphasis added).              
          2.   Rationale for Holding Is Unpersuasive                                  
               In tandem, the majority’s holdings in Lunsford v.                      
          Commissioner, 117 T.C. ___ (2001) (Lunsford II), and this case are          
          groundless assertions of jurisdiction and authority.  The majority          
          attempt to justify their holding that we have jurisdiction by               
          asserting that an inquiry into whether the Appeals Office failed to         
          hold a hearing requested by the taxpayer is an exercise of “looking         
          behind” the notice of determination.  Majority op. pp. 8-10.  They          
          assert that to “look behind” the notice of determination to assess          
          its validity is contrary to case law regarding the validity of a            
          notice of deficiency.  Id.                                                  






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