127 T.C. No. 4 UNITED STATES TAX COURT ANTHONY AND LENA C. ANDRE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2681-04L. Filed August 28, 2006. R issued P a notice of federal tax lien for the taxable years 1996-2000. P then requested a CDP hearing to review R’s proposed collection action for the years 1990-2000. R subsequently issued P a notice of intent to levy for the taxable years 1990-1994. R then issued a notice of determination sustaining the proposed collection action, and P timely filed a petition for review. R then moved to dismiss the petition for taxable years 1990-1994. Held, under sec. 6330(a)(3)(B), a taxpayer has the right “to request a hearing during the 30-day period” before the day of the first levy for a particular tax period, and premature requests for a CDP hearing cannot lead to a valid notice of determination and jurisdiction in this Court under sec. 6330(d). Timothy Tierney, for petitioners. Hieu Nguyen, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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