Lloyd Pragasam - Page 9

                                        - 9 -                                         
          address.  Petitioner did not request a hearing within the 30-day            
          filing period required by section 6320(a)(3).                               
               Under the circumstances, respondent was not obliged to                 
          conduct a collection hearing pursuant to sections 6320 and 6330.            
          Investment Research Associates, Inc. v. Commissioner, supra;                
          Orum v. Commissioner, supra at 11.  In place of the collection              
          hearing, the Appeals Office granted petitioner an equivalent                
          hearing for 1995, 1996, and 1997.  Thereafter, the Appeals Office           
          issued a decision letter to petitioner stating that the proposed            
          collection actions were sustained.  The decision letter does not            
          constitute a notice of determination under sections 6320(c) and             
          6330(d)(1), which would provide a basis for petitioner to invoke            
          the Court’s jurisdiction for 1995, 1996, and 1997.  See Moorhous            
          v. Commissioner, 116 T.C. 263, 270 (2001); Kennedy v.                       
          Commissioner, 116 T.C. 255, 263 (2001).                                     
               In discussing whether the decision letter in this case                 
          constitutes a determination, the parties address Craig v.                   
          Commissioner, 119 T.C. 252 (2002).  We differentiated Craig v.              
          Commissioner, supra, in Orum v. Commissioner, supra at 11-12, a             
          case similar to the instant case, by stating:                               
                    This case is distinguishable from Craig v.                        
               Commissioner, 119 T.C. 252 (2002), in which we held                    
               that we had jurisdiction under section 6330(d)(1) when                 
               the Appeals Office issued a decision letter to the                     
               taxpayer.  Id. at 259.  In Craig, the Commissioner                     
               mailed to the taxpayer a notice of intent to levy on                   
               February 22, 2001.  Id. at 254.  On March 17, 2001, the                
               taxpayer timely requested a section 6330 hearing by                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011