Dudley and Dorothy Moorhous - Page 11




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               2.  Equivalent Hearing                                                 
               In lieu of a hearing under section 6330(b), the Appeals                
          Office granted petitioner Dudley Moorhous a so-called equivalent            
          hearing.  Consistent with the Court’s holding in Kennedy v.                 
          Commissioner, 116 T.C. ___ (2001), we hold that the decision to             
          conduct an equivalent hearing did not result in a waiver by                 
          respondent of the time restrictions within which petitioner                 
          Dudley Moorhous was required to request an Appeals Office hearing           
          under section 6330.5                                                        
               3.  Decision Letter                                                    
               On October 6, 2000, following the equivalent hearing, the              
          Appeals Office issued to petitioner Dudley Moorhous a decision              
          letter stating that respondent would proceed with collection                
          against him.  The decision letter unambiguously states that the             
          equivalent hearing was not intended to serve as an Appeals Office           
          hearing within the meaning of section 6330.  On the other hand,             
          on October 6, 2000, the Appeals Office issued to petitioner                 
          Dorothy Moorhous a determination letter stating that she would be           
          permitted to seek review of the matter in court.                            


               5  In Kennedy v. Commissioner, 116 T.C. ___ (2001), we noted           
          that sec. 6330 does not authorize the Commissioner to waive the             
          time restrictions imposed therein.  Further, in Offiler v.                  
          Commissioner, 114 T.C. 492, 498 (2000), we indicated that where             
          the taxpayer failed to file a timely request for an Appeals                 
          Office hearing regarding a notice of intent to levy, an Appeals             
          Office review of the taxpayer’s case pursuant to the Collection             
          Appeals Program did not result in a determination within the                
          meaning of sec. 6320 or sec. 6330.                                          





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