Michael Craig v. Commissioner - Page 8




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          decision set forth in the decision letter.  The decision letter             
          stated:                                                                     
                    Your due process hearing request was not filed                    
               within the time prescribed under Section 6320 and/or                   
               6330.  However, you received a hearing equivalent to a                 
               due process hearing except that there is no right to                   
               dispute a decision by the Appeals Office in court under                
               IRC Sections 6320 and/or 6330.                                         
                                     Discussion                                       
          A.   Jurisdiction Under Section 6330(d)(1)                                  
               We decide for the first time whether we have jurisdiction              
          under section 6330(d)(1) in the setting at hand.  We conclude               
          that we do.  We set forth the relevant text of section 6330 in an           
          appendix.                                                                   
               Section 6330(d)(1) is the specific provision that governs              
          our jurisdiction to review a proposed collection action.  Our               
          jurisdiction under that section depends upon the issuance of a              
          valid notice of determination and a timely petition for review.             
          E.g., Goza v. Commissioner, 114 T.C. 176, 182 (2000); see also              
          Lunsford v. Commissioner, 117 T.C. 159, 161 (2001).  See                    
          generally Offiler v. Commissioner, 114 T.C. 492, 498 (2000) (“The           
          notice of determination provided for in section 6330 is, from a             
          jurisdictional perspective, the equivalent of a notice of                   
          deficiency.”).  Here, petitioner has timely filed a petition with           
          this Court.3  Thus, we are left to decide whether respondent has            


               3 The decision letter was sent to petitioner on Oct. 27,               
                                                             (continued...)           





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