- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011