Michael J. Roberts - Page 14




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               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,                





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