Gregory T. Mays and Nadine King-Mays - Page 5

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          requesting a CDP hearing.  A tardy taxpayer may still ask for an            
          “equivalent hearing.”  The IRS considers the same issues at an              
          equivalent hearing that it would have considered at a CDP                   
          hearing, and follows the same procedures.  But an equivalent                
          hearing leads to the issuance of a decision letter, not a notice            
          of determination, and this Court has no jurisdiction to review              
          decision letters.  See generally Investment Research Assocs.,               
          Inc. v. Commissioner, 126 T.C. 183 (2006); sec. 301.6320-1(i),              
          Proced. & Admin. Regs.                                                      
               Putting the dates of the CDP Notices for NILs and NFTLs, and           
          the dates that the Mayses made their requests for a hearing, in             
          tabular form makes the procedural problems in this case easy to             
          see:                                                                        
               CDP Notice-   CDP Notice-                                              
               Year        NIL          NFTL           CDP hearing request            
               1999        4/3/04       None                11/2/03                   
               2000        10/17/03     8/20/03             11/2/03                   
               2001        5/26/03      8/20/03             11/2/03                   
               2002        10/17/03     8/20/03             11/2/03                   
               2003        None         None                11/2/03                   
               We begin with the ends of this range.  We lack jurisdiction            
          over the 2003 tax year because the Mayses owe no taxes for that             
          year, and the Commissioner has taken no collection action against           
          them.  See Lister v. Commissioner, T.C. Memo. 2003-17.  We lack             
          jurisdiction over the 1999 tax year because, as we held in Andre            
          v. Commissioner, 127 T.C. ___ (2006), premature CDP requests are            
          ineffective.  They can not lead to the issuance of a valid notice           






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