- 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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