Michael and Marion Balice - Page 8

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               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.                                          








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