- 11 - C. Equivalent Hearing In lieu of a hearing under section 6330(b) in respect of the notice of intent to levy, the Appeals Office granted petitioners a so-called equivalent hearing. We have previously held that the Commissioner’s decision to conduct an equivalent hearing does not result in a waiver by the Commissioner of the time restrictions within which a taxpayer is required to request an Appeals Office hearing under section 6330 in respect of a notice of intent to levy. Kennedy v. Commissioner, supra at 262; Moorhous v. Commissioner, supra at 269-270. D. Decision Letter On January 25, 2002, following the equivalent hearing, the Appeals Office issued to petitioners a decision letter stating that the notice of intent to levy was an appropriate collection action by respondent. In addition, the decision letter unambiguously states that the equivalent hearing was not intended to serve as an Appeals Office hearing within the meaning of section 6330. On the other hand, on January 25, 2002, the Appeals Office issued to petitioners a notice of determination advising petitioners that they had 30 days to file a petition with the Tax Court contesting the determination in respect of the notice required by section 6320(a). As previously discussed, because petitioners failed to file a timely request for an Appeals Office hearing in respect of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011