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               COLVIN, J., dissenting: I voted yes in Lunsford v.                     
          Commissioner, 117 T.C. ____ (2001) (Lunsford I), because I                  
          believe our jurisdiction in that case is provided by the notice             
          of determination.  However, I dissent here because I believe the            
          fact that we have jurisdiction does not relieve respondent of the           
          duty to provide an opportunity for a hearing as required by                 
          section 6330(b).                                                            
               Because we have jurisdiction, if we had required respondent            
          to provide an opportunity to petitioner to have a hearing, we               
          could have then concluded the case by using whatever procedure is           
          appropriate (e.g., a trial or dispositive motion) without                   
          requiring the taxpayer to file a new petition.                              
               GALE, J., agrees with this dissenting opinion.                         
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