Richard and Mabel Kelby - Page 3

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          Furthermore, jurisdiction was retained by this Division of the              
          Court.                                                                      
               In numerous subsequent pleadings, petitioners objected to              
          the retention of jurisdiction by the Court and requested that the           
          Notice of Determination be vacated.  Petitioners, however, did              
          not object to remanding the case to the Appeals Office.                     
          Discussion                                                                  
               The power of this Court to remand a case to the Appeals                
          Office is well established.  For example, if a taxpayer is not              
          afforded a proper opportunity for a hearing under section 6330,             
          the Court can remand the case to the Appeals Office to hold a               
          hearing if we “believe that it is either necessary or                       
          productive”.  Lunsford v. Commissioner, 117 T.C. 183, 189 (2001)            
          (Lunsford II).                                                              
               Petitioner, inter alia, argues that the Court cannot retain            
          jurisdiction over the case upon remanding the case to the Appeals           
          Office.  We have jurisdiction to determine whether we have                  
          jurisdiction at any time, either before or after a final decision           
          is entered.  Brannon’s of Shawnee, Inc. v. Commissioner, 71 T.C.            
          108, 111-112 (1978).  The jurisdiction of this Court under                  
          “section 6330(d)(1)(A) is established when there is a written               
          notice that embodies a determination to proceed with the                    
          collection of the taxes in issue, and a timely filed petition.”             
          Lunsford v. Commissioner, 117 T.C. 159, 164 (2001) (Lunsford I).            






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