Katherine Cowan - Page 11

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          received an “equivalent hearing”.  A decision letter, issued                
          pursuant to an equivalent hearing, is not a notice of                       
          determination sufficient to invoke the Court’s jurisdiction under           
          section 6320 or 6330.  Kennedy v. Commissioner, supra at 263.               
          Respondent’s Appeals Office made it clear in the decision letter            
          that the decision made in an equivalent hearing, as opposed to a            
          determination resulting from a collection due process hearing, is           
          not disputable in court.  The decision letter states that                   
          petitioner received an equivalent hearing instead of a collection           
          due process hearing because petitioner failed to timely request a           
          collection due process hearing.  As we stated in Kennedy v.                 
          Commissioner, supra at 263:                                                 
                    Petitioner’s position ignores the unambiguous                     
               statement in the decision letter that the equivalent                   
               hearing was not intended to serve as an Appeals Office                 
               hearing within the meaning of section 6320 or 6330.  As                
               previously discussed, because petitioner failed to file                
               a timely request for an Appeals Office hearing, the                    
               Appeals Office was not obliged to conduct such a                       
               hearing.  In this regard, the decision letter was not,                 
               and did not purport to be, a determination letter                      
               pursuant to section 6320 or 6330.  See Offiler v.                      
               Commissioner, supra at 495.                                            
                    In sum, we hold that respondent did not issue a                   
               determination letter to petitioner sufficient to invoke                
               the Court’s jurisdiction to review the notice of intent                
               to levy.  Insofar as the petition filed herein purports                
               to be a petition for review pursuant to section                        
               6330(d), we will dismiss the petition for lack of                      
               jurisdiction on the ground that respondent did not make                
               a determination pursuant to section 6330 because                       
               petitioner failed to file a timely request for an                      
               Appeals Office hearing pursuant to section 6330(a)(2)                  
               and (3)(B) and (b).                                                    






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