Roger Stoewer - Page 9




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          with respect to that determination.  Johnson v. Commissioner, 117           
          T.C. 204, 208-209 (2001).  Thus, the remaining issue before the             
          Court is whether this Court has jurisdiction to review the other            
          determination in this case which relates to petitioner’s                    
          liability for income taxes and accuracy-related penalties.                  
               The Court recently held that, for purposes of determining              
          the validity of a notice of determination for jurisdictional                
          purposes, we shall not look behind a notice of determination to             
          consider whether the Appeals Office conducted an appropriate                
          hearing.  Lunsford v. Commissioner, 117 T.C. 159 (2001).  Our               
          holding in Lunsford overrules Meyer v. Commissioner, 115 T.C. 417           
          (2001), to the extent it required the Court to look behind a                
          notice of determination to discern whether a proper hearing                 
          opportunity was given in order to decide whether such a notice              
          was valid.  Lunsford v. Commissioner, supra at 164.                         
               In the instant case, this Court is not required to look                
          behind the relevant notice of determination which relates to                
          petitioner’s liability for income taxes and accuracy-related                
          penalties in order to determine the validity of this notice.                
          There is nothing in that notice of determination which leads us             
          to conclude that the determination was invalid.  As in Lunsford,            
          the notice of determination clearly embodies the Appeals                    
          officer’s determination that collection by way of lien may                  
          proceed.  Consistent with our holding in Lunsford, we hold the              






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