Thomas Herrick - Page 8

                                        - 8 -                                         
          filing petition); Grama v. Commissioner, T.C. Memo. 1985-608                
          (“even if the Commissioner himself had given petitioners a                  
          written agreement purporting to extend the time within which to             
          file a petition, he has no authority to do so”).                            
               Under the circumstances, the Appeals Office was not obliged            
          to conduct an administrative hearing as contemplated under                  
          section 6330(b).  In lieu of an Appeals Office hearing under                
          section 6330(b), the Appeals Office granted petitioner a so-                
          called equivalent hearing.  Thereafter, the Appeals Office issued           
          a decision letter to petitioner stating that respondent would               
          proceed with collection.  The decision letter does not constitute           
          a notice of determination under section 6330(d), and it does not            
          provide a basis for petitioner to invoke the Court’s                        
          jurisdiction.  See Kennedy v. Commissioner, supra at 263; see               
          also Moorhous v. Commissioner, 116 T.C. 263, 270 (2001); cf.                
          Craig v. Commissioner, 119 T.C. 252, 258-259 (2002).                        
          Consistent with the preceding discussion, we hold that the                  
          petition in this case was not filed in response to a notice of              
          determination sufficient to confer jurisdiction on the Court                
          under section 6330.  Accordingly, we shall grant respondent’s               
          motion to dismiss, as supplemented.                                         











Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011