Larry Lee Schake - Page 5




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          T.C. 122, 125 (2001); Offiler v. Commissioner, 114 T.C. 492, 498            
          (2000).                                                                     
               When respondent issues a notice of determination to a person           
          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 person will have 30 days following              
          the issuance of such notice to file a petition for review with              
          the Tax Court or the Federal District Court, as appropriate.4               
          Offiler v. Commissioner, supra at 498; see McCune v.                        
          Commissioner, 115 T.C. 114 (2000) (dismissing a petition for lack           
          of jurisdiction where the taxpayer failed to file his initial               
          petition for review with the Federal District Court within the              
          30-day period).                                                             


          4  Sec. 6330(d)(1) provides:                                                
               SEC. 6330(d).  Proceeding After Hearing.--                             
                    (1) Judicial review of determination.-–The person                 
               may, within 30 days of a determination under this                      
               section, appeal such determination--                                   
                         (A) to the Tax Court (and the Tax Court shall                
               have jurisdiction with respect to such matter); or                     
                         (B) if the Tax Court does not have                           
               jurisdiction of the underlying tax liability, to a                     
               district court of the United States.                                   
               If a court determines that the appeal was to an                        
               incorrect court, a person shall have 30 days after the                 
               court determination to file such appeal with the                       
               correct court.                                                         






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