Michael Craig v. Commissioner - Page 12




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          officer concludes an equivalent hearing by issuing a decision               
          letter, as opposed to a notice of determination, the different              
          names which are assigned to these documents are merely a                    
          distinction without a difference when it comes to our                       
          jurisdiction over this case, where a Hearing was timely                     
          requested.  The decision letter contains all of the information             
          required by section 301.6330-1(e)(3), Q&A-E8, Proced. & Admin.              
          Regs., to be included in a notice of determination but for the              
          fact that the decision letter ordinarily states in regard to most           
          issues that a taxpayer may not (as opposed to may) seek judicial            
          review of the decision.5  Id.; cf. sec. 301.6330-1(i)(2), Q&A-I5,           
          Proced. & Admin. Regs. (taxpayer may in certain cases contest in            
          court the Appeals officer’s decision in an equivalent hearing to            
          deny a claim for relief from joint liability under section 6015).           
               Under the facts herein, where Appeals issued the decision              
          letter to petitioner in response to his timely request for a                
          Hearing, we conclude that the “decision” reflected in the                   
          decision letter issued to petitioner is a “determination” for               
          purposes of section 6330(d)(1).  Cf. Moorhous v. Commissioner,              
          116 T.C. 263, 270 (2001) (decision reflected in a decision letter           


               5 Nor do we find a distinction for purposes of our                     
          jurisdiction in the fact that the Treasury Department’s                     
          regulations provide that a taxpayer’s request for an equivalent             
          hearing neither automatically suspends the levy actions which are           
          subject of the Hearing nor the running of any period of                     
          limitations under secs. 6502, 6531, or 6532.  Sec. 301.6330-                
          1(i)(2), Q&A-I1 and 2, Proced. & Admin. Regs.                               





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