Kenneth N. Headley - Page 8

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               Petitioner has not shown, and respondent has not found                 
          documentation in his files showing, that any collection has been            
          instituted for income taxes for 1999.  Petitioner presented only            
          a decision letter regarding civil penalties for 1999.  First, as            
          noted earlier, to the extent frivolous return penalties are at              
          issue, we lack subject matter jurisdiction.  See Van Es v.                  
          Commissioner, 115 T.C. 324 (2000).  Second, we are faced only               
          with a decision letter, not the requisite notice of                         
          determination.  We will grant respondent’s motion to dismiss with           
          respect to 1999 because of lack of jurisdiction for that year.              
          1997-98 Tax Years                                                           
               We hold dismissal proper for 1997 and 1998 because neither             
          the notice of determination nor the timely petition requirements            
          were satisfied.  Petitioner presented only decision letters                 
          concerning income taxes and civil penalties for 1997 and 1998.              
          We briefly address petitioner’s argument that he was given a                
          hearing for years 1997, 1998, and 1999, pointing to                         
          correspondence from an Appeals officer indicating that those                
          years were the subject of a hearing.  We recognize the                      
          possibility of Tax Court review where only decision letters were            
          issued despite the taxpayer’s being entitled to a hearing and a             
          notice of determination.  See Craig v. Commissioner, 119 T.C. 252           
          (2002).  However, even if we were to reach the conclusion that              
          notices of determination for the years 1997, 1998, and 1999                 
          should have been issued in this case, petitioner failed to timely           




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