Dudley and Dorothy Moorhous - Page 2




                                        - 2 -                                         
               informing her of her right to challenge the                            
               determination in Court.  On Oct. 16, 2000, Ps filed a                  
               joint petition for review with the Court.  In response                 
               to the petition, R filed a motion to dismiss for lack                  
               of jurisdiction as to P-H and to strike as to certain                  
               taxable years.                                                         
                    Held:  R’s decision to conduct a so-called                        
               equivalent hearing did not result in a waiver by R of                  
               the time restrictions imposed upon P-H for requesting                  
               an Appeals Office hearing pursuant to sec. 6330, I.R.C.                
               Kennedy v. Commissioner, 116 T.C. __ (2001), followed.                 
                    Held, further, insofar as the petition filed                      
               herein purports to be a petition for review filed by P-                
               H, the Court lacks jurisdiction on the ground that R                   
               did not issue a determination letter to P-H pursuant to                
               sec. 6330, I.R.C., due to P-H’s failure to file a                      
               timely request for an Appeals Office hearing under sec.                
               6330(a)(2) and (3)(B) and (b), I.R.C.                                  
                    Held, further, R was not barred from issuing                      
               separate notices of intent to levy to P-H and P-W                      
               despite the fact that they may have filed joint returns                
               for the years in issue.  The term “person” as used in                  
               sec. 6330, I.R.C., does not require R to treat a                       
               husband and wife who filed a joint return for a                        
               particular year as a single unit.                                      


               John F. Rodgers, for petitioners.                                      
               Jeffrey E. Gold, for respondent.                                       


                                       OPINION                                        
               RUWE, Judge:  This case was assigned to Special Trial Judge            
          Robert N. Armen, Jr., pursuant to the provisions of section                 
          7443A(b)(4) and Rules 180, 181, and 183.1  The Court agrees with            


               1  Unless otherwise indicated, all section references are to           
                                                             (continued...)           





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