Daniel and Sally A. Holguin - Page 10

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               Balancing the Need for Efficient Collection with Tax-                  
               payer Concerns                                                         
               Given that no timely, reasonable alternative to the                    
               proposed levy action has been suggested and that TP has                
               not presented anything more than frivolous arguments in                
               the matter, it is my opinion that the proposed collec-                 
               tion action balances the government’s need for effi-                   
               cient collection with the taxpayer’s concern that any                  
               collection action be no more intrusive than necessary.                 
               It is therefore concluded that the action should be                    
               allowed to continue.                                                   
               On May 22, 2002, respondent issued to Ms. Holguin a decision           
          letter concerning equivalent hearing under section 6320 and/or              
          6330 (decision letter).  That letter was not, and did not purport           
          to be, a determination letter.  An attachment to the decision               
          letter stated in pertinent part:                                            
                    The taxpayer responded [to respondent’s February                  
               5, 1999 notice of intent to levy concerning Ms.                        
               Holguin’s taxable years 1994, 1995, and 1996] by sub-                  
               mitting a Form 12153, Request for a Collection Due                     
               Process Hearing, to the Collection officer;                            
                    The taxpayer’s appeal was not timely, not being                   
               mailed until 11/2/01-The taxpayer is not entitled to                   
               judicial review;                                                       
                                     Discussion                                       
          Respondent’s Motion to Dismiss for                                          
          Lack of Jurisdiction as to Ms. Holguin                                      
               Our jurisdiction under sections 6320 and 6330 depends upon             
          the issuance of a valid notice of determination and a timely                
          filed petition.  Moorhous v. Commissioner, 116 T.C. 263, 269                
          (2001).                                                                     
               Ms. Holguin was not entitled to an Appeals Office hearing in           
          the instant case.  That is because she did not timely request               





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