- 4 - 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).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011