Investment Research Associates, Inc. - Page 9

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          2003.  Section 301.6320-1(b)(1), Proced. & Admin. Regs., provides           
          in pertinent part that “A taxpayer is entitled to one CDP                   
          [collection due process] hearing with respect to the first filing           
          of a NFTL (on or after January 19, 1999) for a given tax period             
          or periods with respect to the unpaid tax shown on the NFTL if              
          the taxpayer timely requests such a hearing.”  Section 301.6320-            
          1(b)(2), Q&A-B1, Proced. & Admin. Regs., states:                            
               Q-B1.  Is a taxpayer entitled to a CDP hearing with                    
               respect to the filing of a NFTL for a type of tax and                  
               tax periods previously subject to a CDP Notice with                    
               respect to a NFTL filed in a different location on or                  
               after January 19, 1999?                                                
               A-B1.  No.  Although the taxpayer will receive notice                  
               of each filing of a NFTL, under section 6320(b)(2), the                
               taxpayer is entitled to only one CDP hearing under                     
               section 6320 for the type of tax and tax periods with                  
               respect to the first filing of a NFTL that occurs on or                
               after January 19, 1999, with respect to that unpaid                    
               tax.  Accordingly, if the taxpayer does not timely                     
               request a CDP hearing with respect to the first filing                 
               of a NFTL on or after January 19, 1999, for a given tax                
               period or periods with respect to an unpaid tax, the                   
               taxpayer forgoes the right to a CDP hearing with                       
               Appeals and judicial review of the Appeals’                            
               determination with respect to the NFTL.  Under such                    
               circumstances, the taxpayer may request an equivalent                  
               hearing as described in paragraph (i) of this section.                 
          Thus, respondent avers that the Court lacks jurisdiction in this            
          case on the ground the decision letter in dispute does not                  
          constitute a notice of determination that would permit petitioner           
          to invoke the Court’s jurisdiction under sections 6320 and 6330.            









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