- 32 - the basis of the record before us, we conclude that petitioner’s 1995 tax was improperly assessed summarily without the issuance of a statutory notice of deficiency. Accordingly, we conclude and hold that the final notice of determination sustaining the notice of tax lien filing is invalid insofar as it pertains to petitioner’s 1995 tax year. See Freije v. Commissioner, 125 T.C. 14, 35-36 (2005). C. “Equivalent Hearing” Decision Letter If a person requests a hearing pursuant to section 6330 but the request is untimely (i.e., the hearing request is not made within the 30-day period commencing the day after the date of the pre-levy notice, see sec. 6330(a)(3)(B); sec. 301.6330-1(b)(1), Proced. & Admin. Regs.), the person is not entitled to a hearing but nevertheless may receive a so-called equivalent hearing. See Kennedy v. Commissioner, 116 T.C. 255, 262 (2001); secs. 301.6320-1(i)(1), 301.6330-1(i)(1), Proced. & Admin. Regs. At the conclusion of an “equivalent hearing”, the Appeals Office does not issue a notice of determination but instead issues a decision letter, which generally includes the same information as a notice of determination. Secs. 301.6320-1(i)(2), Q&A-I5, 301.6330-1(i)(2), Q&A-I5, Proced. & Admin. Regs. As previously discussed, petitioner did not timely request a hearing in response to the final notice of intent to levy, issued April 22, 2003, because it was not sent to his last known addressPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007