Carol Lee Moore - Page 6




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                    notice of deficiency for such tax liability or did not            
                    otherwise have an opportunity to dispute such tax                 
                    liability.                                                        
          Pursuant to section 6330(d)(1), within 30 days of the issuance of           
          the notice of determination, the taxpayer may appeal that                   
          determination to this Court if we have jurisdiction over the                
          underlying tax liability.  Van Es v. Commissioner, 115 T.C. 324,            
          328 (2000).                                                                 
          I.   Hearing Request                                                        
               The question arises whether this Court should remand the               
          case to the Appeals Office to hold the hearing because petitioner           
          alleges that a hearing was not properly held.  In Lunsford v.               
          Commissioner, 117 T.C. 183 (2001), the Court declined to remand             
          the case to the Appeals Office to hold a hearing to consider the            
          taxpayer’s arguments because we did not “believe that it is                 
          either necessary or productive”.  Id. at 189.  The same reasoning           
          is true here.  As discussed below, petitioner’s only dispute                
          involved her underlying tax liability, which is not properly at             
          issue.  We, therefore, consider it neither necessary nor                    
          productive to remand this case to the Appeals Office to hold a              
          hearing.                                                                    
               Further, the Court agrees with respondent that petitioner              
          was granted the opportunity for a hearing.  The Appeals officer             
          set a hearing date, rescheduled it, and, when petitioner failed             
          to appear, offered to reschedule it a second time pursuant to               
          petitioner’s request.  Petitioner did not avail herself of the              




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