Dudley and Dorothy Moorhous - Page 10




                                       - 10 -                                         
               1.  Petitioner Dudley Moorhous’ Failure To Make a Timely               
               Request for an Administrative Hearing                                  
               On March 16, 1999, respondent issued to petitioner Dudley              
          Moorhous a notice of intent to levy.  Petitioner Dudley Moorhous            
          received the notice of intent to levy on March 18, 1999, as                 
          reflected on the U.S. Postal Service Form 3811 that was executed            
          upon delivery of the notice.  The notice informed petitioner                
          Dudley Moorhous that he had 30 days from the date of the notice             
          to file a request for an Appeals Office hearing.                            
               On April 27, 1999, respondent issued to petitioner Dorothy             
          Moorhous a notice of intent to levy.                                        
               On or about May 10, 1999, petitioners submitted to the                 
          Appeals Office a joint request for a hearing.  The 30-day period            
          prescribed in section 6330(a)(2) and (3)(B) during which                    
          petitioner Dudley Moorhous had to file a timely request for an              
          Appeals Office hearing expired no later than Monday, April 19,              
          1999.  Because petitioners’ joint request for an Appeals Office             
          hearing was not timely with respect to the notice of intent to              
          levy issued to petitioner Dudley Moorhous, the Appeals Office was           
          not obliged to provide him with the administrative hearing                  
          contemplated under section 6330.  On the other hand, because                
          petitioners’ joint request for an Appeals Office hearing was                
          timely with respect to the notice of intent to levy issued to               
          petitioner Dorothy Moorhous, the Appeals Office was obliged to              
          provide her with a section 6330 hearing.                                    





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