- 5 - 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 noticePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011