Gwendolyn B. Smith - Page 4

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          and/or 6330.  The notice of determination was sent by certified             
          mail to petitioner’s last known address.  The notice of                     
          determination informed petitioner that if she wanted to dispute             
          respondent’s determination in court, then she must file a                   
          petition with this Court “within 30 days from the date of this              
          letter.”                                                                    
               On November 17, 2003, the Court received and filed a                   
          petition for lien or levy action wherein petitioner seeks to                
          challenge the underlying tax liabilities.2  Attached to the                 
          petition is a copy of respondent’s notice of determination.  The            
          petition, which is dated July 21, 2003, arrived at the Court in a           
          properly addressed envelope, which was mailed to the Court by               
          certified mail, return receipt requested, bearing a U.S. Postal             
          Service postmark date of November 12, 2003.3                                
               As indicated, respondent moved to dismiss the petition for             
          lack of jurisdiction on the ground that the petition was not                
          timely filed.  Petitioner filed an objection to respondent’s                
          motion to dismiss stating in pertinent part as follows:                     
               I did file my petition on July 11, 2003.  I asked the                  
               fees be waived * * *.  I kept waiting to hear from the                 
               Court, but I did not hear anything.  I found out the                   
               petition was not before the Court while talking to the                 

               2  At the time that the petition was filed, petitioner                 
          resided in Stevenson, Ala.                                                  
               3  We note that the envelope identifies H & R Block, 5614              
          Main Street, P.O. Box 310, Grant, Ala. 35747, as the return                 
          address.                                                                    





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