Donald Ray Hartley - Page 9




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          116 T.C. 263, 269 (2001); Offiler v. Commissioner, 114 T.C. 492,            
          498 (2000); see also Rule 330(b).                                           
               Petitioner never requested an administrative hearing.                  
          Instead, he responded to the Notice of Federal Tax Lien Filing by           
          mailing in a check.  Thus, because petitioner never requested a             
          hearing, respondent had no occasion to issue a notice of                    
          determination.  In short, the petition in this case was filed in            
          response to a notice of deficiency issued pursuant to section               
          6213(a) and not a notice of determination under section 6320 or             
          6330.  Therefore, we may not, and we shall not, address the                 
          propriety of the filing of the lien in this case.5                          
          B.  The Notice of Deficiency                                                
               When petitioner first disputed imposition of the civil fraud           
          penalties, the IRS bifurcated petitioner’s potential liabilities            
          into two parts:  Underpayments of tax, the assessment of which              
          was agreed to by petitioner when he signed the Form 4549 and the            
          waiver in July 2005; and the civil fraud penalties, subsequently            
          determined in the notice of deficiency sent to petitioner in                
          December 2005.  Our jurisdiction in the instant case is based on            
          the notice of deficiency.                                                   

               5  Further on the subject of this Court’s jurisdiction, it             
          is clear that in an action for redetermination, such as the                 
          present one, matters involving statutory interest under sec. 6601           
          are not generally before us and will therefore not be considered.           
          E.g., Bax v. Commissioner, 13 F.3d 54, 56-57 (2d Cir. 1993); Pen            
          Coal Corp. v. Commissioner, 107 T.C. 249, 255 (1996); LTV Corp.             
          v. Commissioner, 64 T.C. 589, 597 (1975).                                   






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