- 35 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011