- 35 - 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."Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011