Joseph D. and Wanda S. Lunsford - Page 35




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          Lunsford v. Commissioner, 117 T.C. ___ (2001) (Lunsford I),                 
          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.                               
          2.   Petitioners Were Not Offered a Hearing                                 
               The majority sidestep the hearing issue entirely.  Section             
          6330 requires that the Court decide whether the hearing requested           
          by petitioners was held, and I shall do so.  Respondent, citing             
          Katz v. Commissioner, 115 T.C. 329 (2000), Konkel v.                        
          Commissioner, 86 AFTR 2d 2000-6939, 2001-1 USTC par. 50,520 (M.D.           
          Fla. 2000), et al., contends that the exchange of correspondence            
          between petitioners and respondent constitutes the hearing                  
          required by section 6330(b)(1).  I reject this contention.                  
          Unlike the correspondence in Katz and Konkel, the correspondence            
          between petitioners and respondent did not specify the manner in            
          which the hearing would be conducted.  In addition, respondent’s            
          letter failed to clearly delineate that the exchange of                     
          correspondence would constitute the hearing required by section             
          6330(b)(1).  Indeed, the letter to petitioners does not even                
          mention a hearing.  It merely directs that “If you wish to                  
          discuss other matters, such as resolution of the liability[,]               
          please contact me by September 16, 1999."                                   








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