Myong Soo Kim and Sung Me Hwang - Page 9

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          at this holding, we examined both the decision letter and the               
          timeliness of the taxpayer’s request in order to decide whether             
          Appeals had made a valid determination.                                     
               Respondent’s reliance on Craig is misplaced.  In Craig,                
          Appeals did not issue a notice of determination.  Instead,                  
          Appeals issued a decision letter that, on its face, did not                 
          establish a basis for our jurisdiction.  As a result, in order to           
          ascertain whether Appeals had made the determination required by            
          section 6330, we examined both the decision letter and the                  
          timeliness of the taxpayer’s request for a section 6330 hearing             
          to arrive at our conclusion that the Appeals decision letter                
          contained the determination required by section 6330.  Craig does           
          not stand for the proposition that we may look behind a facially            
          valid notice of determination in response to the Commissioner’s             
          contention that the notice of determination was erroneously                 
          issued.  See Lunsford v. Commissioner, supra.                               
               In Lunsford, we were presented with the issue of whether a             
          facially valid notice of determination was sufficient to confer             
          jurisdiction over a section 6330 proceeding in which no section             
          6330 hearing had been held before the notice of determination had           
          been issued.  The taxpayer in Lunsford had timely requested a               
          section 6330 hearing, but no administrative hearing of any kind             
          had been conducted.  Id. at 161.  Appeals nevertheless issued a             
          notice of determination, and the taxpayer filed a timely                    






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