Richard M. Downing - Page 32




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          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 address           







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