- 14 - and an opportunity for an Appeals hearing is a matter of administrative practice and procedure and not a requirement of law. * * * [Edwards v. Commissioner, supra.] In addition, to the extent that petitioner might be claiming that respondent declined to afford the requisite notice and opportunity for hearing under sections 6330 and 6331 before enforcing collection by levy, we initially note that our jurisdiction in this case does not depend on whether the Appeals Office offered or conducted an appropriate hearing. Lunsford v. Commissioner, 117 T.C. 159, 164-165 (2001). Furthermore, the record fails to show any impropriety in the collection procedures followed by respondent. By letter dated May 26, 1999, petitioner was provided with a final notice of intent to levy and his right to a hearing. His Form 12153 was received by the Internal Revenue Service on June 25, 1999. After a period of correspondence between the parties, a letter dated July 12, 2000, was sent by Appeals Officer Millang inviting petitioner to participate in a hearing on July 31, 2000. Numerous letters were exchanged, and the eventual notice of determination concerning collection action addresses petitioner’s arguments as reflected in such transmittals. We cannot find that petitioner was improperly denied any germane “30 day appeal”. Turning to the remaining issues specifically enumerated in section 6330(c)(2)(A) and reviewed under the abuse of discretion standard, petitioner has at no time raised a spousal defense,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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