Ronald W. Nelson, Jr. and Jennifer J. Nelson - Page 9




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               Where the Appeals Office issues a determination letter to              
          the taxpayer following an administrative hearing regarding a lien           
          or levy action, sections 6320(c) (by way of cross-reference) and            
          6330(d)(1) provide that the taxpayer will have 30 days following            
          the issuance of the determination letter to file a petition for             
          review with the Tax Court or a Federal District Court.  We have             
          held that the Court’s jurisdiction under sections 6320 and 6330             
          depends on the issuance of a valid determination letter and the             
          filing of a timely petition for review.  Kennedy v. Commissioner,           
          116 T.C. 255, 260-261 (2001); Moorhous v. Commissioner, 116 T.C.            
          263, 269 (2001);  Offiler v. Commissioner, 114 T.C. 492, 498                
          (2000).                                                                     
               As discussed below, we conclude that because respondent did            
          not issue to petitioners a notice of determination pursuant to              
          section 6330 in respect of the notice of intent to levy, we                 
          therefore lack jurisdiction over the petition insofar as that               
          matter is concerned.                                                        
               B.  Petitioners’ Failure To Make a Timely Request for an               
          Administrative Hearing in Respect of the Notice of Intent To Levy           
               On February 9, 2001, respondent sent to petitioners a notice           
          of intent to levy.  Petitioners received the notice of intent to            
          levy on February 12, 2001.  The notice informed petitioners that            
          they had 30 days from the date of the notice to file a request              
          for an Appeals Office hearing.                                              






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