- 8 - We also reject petitioners’ argument that the petition should be considered timely filed because they did not receive the notice of determination until February 20, 2004. If a notice of determination issued pursuant to section 6330 is properly mailed to a taxpayer’s last known address by certified mail, the date on which the taxpayer actually receives the notice of determination is irrelevant in determining whether a petition appealing that determination was filed within the 30-day period prescribed in section 6330(d). Weber v. Commissioner, supra at 263. Moreover, we note that petitioners actually received the notice by February 20, 2004, approximately 10 days before the 30- day filing deadline. The notice advised petitioners of the time limit to file a timely petition, as required by section 6330(d), and they failed to meet it. The Court’s jurisdiction is statutorily mandated under section 6330, and we may not extend the 30-day period for filing a petition in a levy action where a valid notice of determination has been issued. Weber v. Commissioner, supra at 263. Because we lack jurisdiction to review respondent’s determination to proceed with the proposed levy action, we do not address petitioners’ argument that respondent failed to comply with the formal procedures, as set forth in section 6330(b) and (c), for conducting a section 6330 hearing.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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