Rockie D. Elmore - Page 5

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          petition in this case, the Court granted respondent’s motion to             
          dismiss as to Leslie J. Elmore on the ground that a notice of               
          determination was not issued to her.                                        
               F.  Petitioner’s Motion To Dismiss                                     
               As stated, petitioner filed a Motion to Dismiss.  Respondent           
          filed an objection to petitioner’s motion.  Pursuant to notice,             
          this matter was called for hearing (on two occasions) at the                
          Court’s motions session in Washington, D.C.  Counsel for                    
          respondent appeared at the hearings and offered argument in                 
          opposition to petitioner’s motion to dismiss.4  Although there              
          was no appearance by or on behalf of petitioner at either                   
          hearing, petitioner filed with the Court a written statement                
          pursuant to Rule 50(c), as well as a Response to respondent’s               
          objection.                                                                  





               3(...continued)                                                        
          with this Court within 30 days of the District Court’s order                
          dismissing the action for lack of subject matter jurisdiction.              
          See Hickey v. Commissioner, T.C. Memo. 2003-76.                             
               4  During the second hearing, counsel for respondent                   
          informed the Court that the Office of Chief Appeals recently                
          issued Delegation Order No. App 8-a authorizing: (1) Appeals                
          officers and Settlement officers to conduct hearings and make               
          determinations under secs. 6320 and 6330; and (2) Appeals Team              
          Managers to review and approve such determinations.  The                    
          effective date of this delegation order is Mar. 17, 2003.  The              
          delegation order concludes as follows: “To the extent that                  
          authority previously exercised consistent with this order may               
          require ratification, it is hereby affirmed and ratified.”                  





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