-4- 6330(d) provides for judicial review of determinations under section 6330, stating that a taxpayer “may, within 30 days of a determination under this section, appeal such determination” to this Court. Section 6330(f) provides that “this section” shall not apply in the case of a jeopardy levy or a levy on a State tax refund. In Dorn v. Commissioner, 119 T.C. 356 (2002), we decided whether section 6330(f) restricts our jurisdiction under section 6330(d) to review jeopardy levy determinations. We held that it did not. We concluded that section 6330(f) made the section 6330(a) requirement that a taxpayer be given prelevy notice inapplicable to jeopardy levies rather than divesting this Court of judicial review in such cases. Id. at 359. We believe that similar reasoning applies here with regard to a levy on a State tax refund. We now hold that the Court has jurisdiction under section 6330(d) to review respondent’s determination regarding that levy. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4
Last modified: May 25, 2011