-12- 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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