- 10 - mailing the Commissioner a letter accompanied by unsigned Forms 12153. Id. at 255. On May 6, 2001, the Commissioner received signed Forms 12153 but granted the taxpayer only an equivalent hearing. Id. at 255- 256. A decision letter was then issued to the taxpayer following the equivalent hearing. Id. at 256. The Court held that “where Appeals issued the decision letter to petitioner in response to his timely request for a Hearing, we conclude that the ‘decision’ reflected in the decision letter issued to petitioner is a ‘determination’ for purposes of section 6330(d)(1).” Id. at 259. * * * In the instant case, as in Orum, petitioner did not timely request a collection hearing in response to the March 1, 2000, and March 19, 2001, notices. As a result, we do not conclude that the decision in the decision letter is a determination for purposes of sections 6320(c) and 6330(d)(1). Orum v. Commissioner, supra at 12. We shall grant respondent’s motion to dismiss for lack of jurisdiction as to 1995, 1996, and 1997 because the petition was not filed in response to a notice of determination sufficient to confer jurisdiction on the Court under sections 6320(c) and 6330(d)(1). In reaching all of our holdings herein, we have considered all arguments made by the parties, and to the extent not mentioned above, we find them to be irrelevant or without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011