Michael Craig v. Commissioner - Page 9




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          made a “determination” within the meaning of section 6330(d)(1)             
          which we have jurisdiction to review.                                       
               Respondent acknowledges that petitioner did not have the               
          Hearing described in section 6330.  All the same, respondent                
          argues, the decision letter issued to petitioner as to the                  
          equivalent hearing reflects a “determination” sufficient to                 
          invoke the Court’s jurisdiction under section 6330(d)(1).  We               
          agree.  The Treasury Department regulations interpreting section            
          6330 recognize specifically that there are two types of hearings            
          which may be conducted by Appeals in connection with section                
          6330; i.e., Hearings and equivalent hearings.  As explained                 
          below, the Treasury Department regulations state that an Appeals            
          officer will consider at an equivalent hearing the same issues as           
          at a Hearing, and that the contents of the decision letter that             
          results from an equivalent hearing will generally be the same as            
          in the notice of determination that results from a Hearing.                 
               As to a Hearing, the statute provides that a taxpayer has a            
          right to a Hearing with an Appeals officer before a levy may be             
          made upon his or her property, if the Hearing is timely requested           
          by the taxpayer.  Sec. 6330(a)(1), (a)(2), (a)(3)(B), and (b)(1).           



               3(...continued)                                                        
          2001, and the petition was postmarked Nov. 21, 2001.  Whereas the           
          petition was actually filed by the Court when received on Dec.              
          28, 2001, the approximately 6-week delivery time was attributable           
          to delays in the receipt of mail experienced by the Court because           
          of anthrax.                                                                 





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