- 5 - By Order dated January 8, 2003, the Court directed petitioners, on or before January 29, 2003, to file a Response, if any, to respondent’s Supplement. Petitioners did not respond to the Court’s Order. Discussion Sections 6320 and 6330 generally provide that the Commissioner cannot proceed with collection by lien or levy until the taxpayer has been given notice of and the opportunity for an administrative review of the proposed collection action (in the form of an Appeals Office hearing) and, if dissatisfied, the taxpayer may seek judicial review of the administrative determination. See Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). The Court’s jurisdiction under sections 6320 and 6330 depends on the issuance of a valid notice of determination and the filing of a timely petition for review. See Moorhous v. Commissioner, 116 T.C. 263, 269 (2001); Offiler v. Commissioner, 114 T.C. 492, 498 (2000); see also Rule 330(b). When the Commissioner issues a determination letter to a taxpayer following an administrative hearing, section 6330(d)(1) provides that the taxpayer will have 30 days to file a petition for review with the Tax Court or a Federal District Court, as appropriate. Offiler v. Commissioner, supra at 498.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011