Lauren C. Jackson - Page 3




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          underlying liability.1   Nevertheless, on or about June 13, 2001,           
          the Appeals officer advised petitioner that he would postpone               
          issuing a notice of determination in order to allow her to submit           
          a request to respondent’s Examination Division for audit                    
          reconsideration of her 1996 tax liability.  However, petitioner             
          apparently failed to do so, and, on August 31, 2001, the Appeals            
          Office issued its Notice of Determination sustaining respondent’s           
          proposed collection action.                                                 
               On October 1, 2001, petitioner filed with the Court a                  
          Petition for Lien or Levy Action seeking review of respondent’s             
          notice of determination.2  The only issue raised in the petition            
          is a challenge to petitioner’s underlying tax liability.                    
               As previously stated, respondent filed a Motion To Dismiss             
          For Failure To State A Claim Upon Which Relief Can Be Granted.              
          Respondent contends that petitioner is barred by section                    
          6330(c)(2)(B) from challenging the existence or amount of her tax           
          liability in this collection review proceeding because she                  
          received a notice of deficiency.                                            
               Petitioner filed a Response, objecting to respondent’s                 
          motion.  In her Response, petitioner alleges that she “never had            


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       
               2  At the time that the petition was filed, petitioner                 
          resided in Pittsburgh, Pa.                                                  






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