Gwendolyn B. Smith - Page 5

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               Appeals Department.  They advised me to call the Court                 
               Clerk to find out why the petition had not been filed.                 
               I called the Court and was told to mail the information                
               again.  I mailed it by certified mail the second time.                 
               Thereafter, respondent’s motion was called for hearing at              
          the Court’s trial session in Birmingham, Alabama.  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                                                                  
               As applicable to this case, when the Appeals Office issues a           
          notice of determination to a taxpayer following an administrative           
          hearing regarding the filing of a Federal tax lien, sections                
          6320(c) (by way of cross-reference) and 6330(d)(1) provide 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).                                                                     







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