- 11 - be defeated. We therefore affirm the decision of the district court dismissing the action as time barred. [Fernandez v. United States, 704 F.2d 592, 593 (11th Cir. 1983).] Thus, regardless of whether the administrative proceedings were still ongoing after the 16th day following petitioner's request under section 7429(a)(2), and whether the determination in those proceedings was properly mailed to petitioner's last known address, petitioner still was required under section 7429(b)(1) to timely request judicial review in this Court. Petitioner failed to make a timely request.10 See Freistak v. Egger, 551 F. Supp. 238, 242 (M.D. Pa. 1982) (stating that "Nothing in the statute requires that an administrative decision be made before it is incumbent upon one to seek judicial review."). Further, we do not find that petitioner was overtly prejudiced by the extended administrative period or by any actions of respondent's Appeals officer. Indeed, in the July 17, 2003, facsimile, the 10 The Notice of Jeopardy Levy and Right of Appeal indicates that respondent previously issued to petitioner a notice of intent to levy and/or notice of your right to a hearing under sec. 6330. At that time, the 30-day period for filing a hearing request pursuant to sec. 6330(a)(2) had not expired. Petitioner's May 20, 2003, request for administrative review was made on a Form 12153, Request for a Collection Due Process Hearing. Nevertheless, the record indicates that petitioner's request for a sec. 6330 hearing was withdrawn and the request was treated as a request for administrative review under sec. 7429(a)(2). Respondent did not issue a notice of determination under sec. 6330, and we do not construe petitioner's motion for review of jeopardy assessment and jeopardy levy as an appeal from a "determination" that might permit us to exercise jurisdiction under sec. 6330(d)(1). See Dorn v. Commissioner, 119 T.C. 356 (2002).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011