Keith and Cherie Orum - Page 11

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          usual place of business, or sent by certified or registered mail            
          to the person’s last known address.  Sec. 6330(a)(2).                       
               Section 6330(a)(2) provides that the prescribed notice                 
          (notice of intent to levy) shall be provided not less than 30               
          days before the day of the first levy with respect to the amount            
          of the unpaid tax for the taxable period.  Further, section                 
          6330(a)(3)(B) provides that the notice of intent to levy shall              
          explain that the person has the right to request a section 6330             
          hearing during the 30-day period under section 6330(a)(2).                  
               Where the Appeals Office issues a notice of determination to           
          the taxpayer following a section 6330 hearing regarding a levy              
          action, section 6330(d)(1) provides that the taxpayer will have             
          30 days following the issuance of such determination letter to              
          file a petition for review with this Court or a Federal District            
          Court, as may be appropriate.  Offiler v. Commissioner, 114 T.C.            
          492, 498 (2000).  This Court’s jurisdiction under section 6330              
          depends upon the issuance of a valid determination letter and the           
          filing of a timely petition for review.  Sec. 6330(d)(1);                   
          Lunsford v. Commissioner, 117 T.C. 159, 164 (2001).                         
               The parties dispute whether a valid determination letter was           
          issued for 1998 to give the Court jurisdiction under section                
          6330(d)(1).  Respondent argues that this Court should dismiss the           
          case as to 1998 upon the grounds that the decision letter does              
          not constitute a determination sufficient to invoke the Court’s             






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Last modified: May 25, 2011