- 6 - circumstances, pursuant to section 6330(d), only petitioner Russell L. Voorhees may file a petition with the Court. Since respondent did not issue a notice of determination to petitioner Ruth C. Voorhees, petitioner Ruth C. Voorhees may not invoke this Court’s jurisdiction. We reject petitioners’ contention that respondent’s motion is raised late in the proceedings and is untimely. The notice of determination is a jurisdictional requirement of the Court, and jurisdictional matters may be raised at any stage of the proceedings. In addition, in their response to the motion to dismiss petitioners contend that dismissal against petitioner Ruth C. Voorhees would amount to a dismissal against both petitioners and that such a result is “not within the purview or the intent of the law”. This contention is without merit. Petitioners are not treated as a single person under section 6330. Because Ruth C. Voorhees did not request a hearing, the Appeals Office was not obligated to conduct a hearing with respect to her liabilities. Consequently the Appeals Office was not obligated to issue a notice of determination to Ruth C. Voorhees and did not do so. Because Ruth C. Voorhees did not receive a notice of determination, she may not join in petitioner Russell L. Voorhees’ challenge to his notice of determination. See Moorhous v. Commissioner, supra at 270 (holding that taxpayer husband, who filed jointly with his wife but did not receive aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011