Joseph W. Dorn - Page 5




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          section 6404(g) providing our jurisdiction to review                        
          determinations “‘under this section’” apply to determinations               
          under section 6404(a)).                                                     
          C.   Jeopardy Levies Under Section 6330(f)                                  
               Section 6330(f) provides that “this section” shall not apply           
          in the case of a jeopardy levy.  We next consider whether that              
          language restricts the grant of jurisdiction under section                  
          6330(d) to review determinations under section 6330.                        
               Respondent made a jeopardy levy under section 6330(f) before           
          providing a hearing to petitioner under section 6330(b).                    
               Section 6330(f) provides:                                              
                    SEC. 6330(f).  Jeopardy and State Refund                          
               Collection.  If--                                                      
                           (1) the Secretary has made a finding                       
                    under the last sentence of section 6331(a)                        
                    that the collection of tax is in jeopardy; or                     
                           (2) the Secretary has served a levy on                     
                    a State to collect a Federal tax liability                        
                    from a State tax refund,                                          
               this section shall not apply, except that the taxpayer                 
               shall be given the opportunity for the hearing                         
               described in this section within a reasonable period of                
               time after the levy.                                                   
               Under the flush language in section 6330(f), the levy may              
          precede the hearing provided by section 6330(b).  The legislative           
          history shows that the flush language was not intended to                   
          restrict the grant of jurisdiction provided by section 6330(d) to           
          review the Commissioner’s determination under section 6330(f).              






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