Keith and Cherie Orum - Page 2

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               notice of determination for 1999 which concluded that                  
               the proposed collection activities would be sustained.                 
                    Ps filed a petition to dispute the decision letter                
               and the notice of determination.  R filed a motion to                  
               dismiss for lack of jurisdiction with respect to 1998.                 
                    1.  Held:  The June 23, 2000, notice of intent to                 
               levy was sent to the last known address of Ps.                         
                    2.  Held, further, R’s motion to dismiss for lack                 
               of jurisdiction is granted.  Ps did not file a sec.                    
               6330, I.R.C., hearing request within 30 days of the                    
               June 23, 2000, notice of intent to levy.  See sec.                     
               6330(a)(3), I.R.C.  The Dec. 14, 2001, notice of intent                
               to levy did not entitle petitioners to a sec. 6330,                    
               I.R.C., hearing.  Sec. 301.6330-1(b)(2), Q&A-B2, Q&A-                  
               B4, Proced. & Admin. Regs.  The decision letter                        
               subsequently issued does not provide a basis for the                   
               Court’s jurisdiction under sec. 6330(d)(1), I.R.C.  See                
               Moorhous v. Commissioner, 116 T.C. 263, 270 (2001);                    
               Kennedy v. Commissioner, 116 T.C. 255, 262 (2001).                     
                    3.  Held, further, R did not abuse his discretion                 
               in issuing the notice of determination for 1999, and                   
               the proposed collection action is sustained.                           


               Keith Orum, pro se.                                                    
               Sean R. Gannon, for respondent.                                        


                                       OPINION                                        

               HAINES, Judge:  Respondent sent petitioner Keith Orum (Mr.             
          Orum) and petitioner Cherie Orum (Mrs. Orum) a Decision Letter              
          Concerning Equivalent Hearing Under Section 6320 and/or 6330                
          (decision letter) for 1998 and a Notice of Determination                    
          Concerning Collection Action(s) Under Section 6320 and/or 6330              
          (notice of determination) for 1999.                                         








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