Joseph D. and Wanda S. Lunsford - Page 36




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               Our jurisprudence relating to the validity of notices of               
          deficiency is not applicable to this case.  Here we have an                 
          unambiguous statute that requires respondent, upon a taxpayer’s             
          request, to hold a hearing.  If the hearing is not held there can           
          be no determination, or any purported determination is invalid.             
          Assuming arguendo that the majority were correct in relying on the          
          jurisprudence relating to the validity of notices of deficiency,            
          the majority may not rely only on certain cases to the exclusion of         
          others where we have analyzed the facts and circumstances                   
          surrounding the issuance of a notice of deficiency.  Those cases            
          include instances where the tax was assessed and paid at the time           
          the notice of deficiency was issued, Estate of Crawford v.                  
          Commissioner, 46 T.C. 262 (1966), where the Court must determine            
          whether the notice was sent to the last known address of the                
          taxpayer, Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988), and            
          affected items cases where partners failed to receive notification          
          of the underlying partnership proceeding as required by section             
          6223(a), Crowell v. Commissioner, 102 T.C. 683 (1994).  Applying            
          the foregoing jurisprudence, when considering whether the notice of         
          determination is sufficient to grant us jurisdiction, it is                 
          necessary and appropriate to assess whether petitioners had a               
          hearing.                                                                    










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