David Buffano - Page 7

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          predicate for the issuance of a notice of determination is the              
          issuance of a final notice of intent to levy sent to the taxpayer           
          at the taxpayer’s last known address.  See sec. 6330(a)(2)(C).              
          Accordingly, in this context, the Court does not have                       
          jurisdiction to hear petitioner’s case, and only the proper basis           
          for dismissal is to be decided.                                             
               Respondent argues that the Court lacks jurisdiction because            
          petitioner filed his hearing request outside the 30-day time                
          period permitted by statute; dismissal on this ground would allow           
          respondent to levy upon petitioner’s property to satisfy his                
          long-outstanding Federal tax liabilities.  On the other hand,               
          petitioner argues that he never received a valid final notice of            
          intent to levy; dismissal on that ground would invalidate the               
          notice of levy.  See Kennedy v. Commissioner, supra at 261.                 
          A.  Petitioner’s Hearing Request                                            
               Taxpayers must submit a written request for an                         
          administrative hearing with respect to a final notice issued                
          under section 6330 within the 30-day period commencing the day              
          after the date of the final notice.  Sec. 6330(a)(3)(B); sec.               
          301.6330-1(b)(1), Proced. & Admin. Regs.  A taxpayer who makes an           
          untimely request for a hearing is not entitled to one but rather            
          receives an “equivalent hearing” instead.  See Kennedy v.                   
          Commissioner, supra at 263; sec. 301.6330-1(i)(1), Proced. &                
          Admin. Regs.                                                                






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Last modified: May 25, 2011