Felix and Liliana P. Prakasam - Page 5

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               Decision Letters I and II both stated in part:  “Your due              
          process hearing request was not filed within the time prescribed            
          under Section 6320 and/or 6330.  However, you received a hearing            
          equivalent to a due process hearing except that there is no right           
          to dispute a decision by the Appeals Office in court under IRC              
          Sections 6320 and/or 6330.”                                                 
               Petitioner filed a motion for partial summary judgment as to           
          tax year 1995.  Respondent filed an objection to petitioner’s               
          motion for partial summary judgment as to tax year 1995.                    
               Respondent filed a motion to dismiss for lack of                       
          jurisdiction in both of these consolidated cases.  Petitioners              
          filed objections to respondent’s motions to dismiss.  In docket             
          No. 12212-04L, respondent filed first and second supplements to             
          the motion to dismiss for lack of jurisdiction.  In docket No.              
          12136-04L, respondent filed a supplement to the motion to dismiss           
          for lack of jurisdiction.  Petitioners filed a supplemental                 
          objection to each motion to dismiss.                                        
               The Court held a hearing on petitioner’s motion for partial            
          summary judgment and respondent’s motions to dismiss for lack of            
          jurisdiction.                                                               
                                       OPINION                                        
               The parties dispute whether petitioners are entitled to a              
          collection hearing.  Respondent argues that this Court should               
          dismiss the case for lack of jurisdiction as petitioners did not            






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