Myong Soo Kim and Sung Me Hwang - Page 6

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          determination in the form of a notice of determination setting              
          forth its findings and decisions.  Sec. 301.6330-1(e)(3), Q&A-E8,           
          Proced. & Admin. Regs.  When Appeals issues the notice of                   
          determination, the taxpayer has 30 days following the issuance to           
          file a petition for review of the determination with this Court             
          or a Federal District Court, as may be appropriate.  Sec.                   
          6330(d)(1).                                                                 
               A taxpayer who fails to timely request a section 6330                  
          hearing is not entitled to a section 6330 hearing but may                   
          nevertheless request an administrative hearing with Appeals that            
          is referred to as an “equivalent hearing”.  Sec. 301.6330-                  
          1(i)(1), Proced. & Admin. Regs.; see also sec. 301.6330-1(c)(2),            
          Q&A-C7, Proced. & Admin. Regs.  The equivalent hearing generally            
          follows Appeals’s procedures for a section 6330 hearing, and                
          Appeals will consider the same issues it would have considered at           
          a section 6330 hearing on the same matter.  Sec. 301.6330-1(i)(1)           
          and (2), Q&A-I1, Proced. & Admin. Regs.  Rather than issue a                
          notice of determination after an equivalent hearing, however,               
          Appeals will issue a decision letter.  Sec. 301.6330-1(i)(1),               
          Proced. & Admin. Regs.  A decision letter generally contains the            
          same information required to be in a notice of determination,               
          except that it ordinarily states in regard to most issues that a            
          taxpayer may not seek judicial review of the decision.  Craig v.            







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Last modified: May 25, 2011