- 4 - ground that the petition was not timely filed. Thereafter, respondent’s motion was called for hearing at the Court’s trial session in Atlanta, Georgia. Counsel for respondent appeared at the hearing and offered argument in support of the motion to dismiss. Petitioner appeared and argued against the motion. Discussion When the Appeals Office issues a notice of determination to a taxpayer following an administrative hearing regarding a final notice of intent to levy, section 6330(d)(1) provides that the taxpayer will have 30 days following the issuance of such notice to file a petition for review with the Tax Court or, if the Tax Court does not have jurisdiction over the underlying tax liability, with a Federal District Court. See Offiler v. Commissioner, 114 T.C. 492, 498 (2000). We have held that this Court’s jurisdiction under sections 6320 and 6330 depends on the issuance of a valid determination letter and the filing of a timely petition for review. See Sarrell v. Commissioner, 117 T.C. 122, 125 (2001); Moorhous v. Commissioner, 116 T.C. 263, 269 (2001); Offiler v. Commissioner, supra at 498; see also Rule 330(b). Petitioner has not challenged the validity of the notice of determination. We observe that the notice was mailed to the same address as that listed by petitioner on: (1) His Request for a Collection Due Process Hearing, (2) his Postal Money Order usedPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011