Doris Lee Newsome - Page 5




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          that the decision letter should be treated as a notice of                   
          determination with respect to which judicial review of the                  
          underlying tax deficiency might have been available.1                       
               On November 4, 2004, respondent filed a notice of Federal              
          tax lien (NFTL) relating to the $24,629 tax deficiency against              
          petitioner for 1996 that respondent had assessed.  On November 5,           
          2004, respondent mailed to petitioner at petitioner’s current               
          address a section 6320 lien notice relating to the above NFTL, in           
          which respondent indicated a December 13, 2004, deadline for                
          receipt from petitioner of a section 6320 Appeals Office hearing            
          request.                                                                    
               In response to respondent’s November 5, 2004, lien notice,             
          on December 8, 2004, petitioner mailed to respondent by overnight           
          mail a request for an Appeals Office hearing.  On December 9,               
          2004, respondent received petitioner’s above request.                       
               From January to October 2005, in connection with                       
          respondent’s November 4, 2004, NFTL, respondent held an Appeals             

               1Arguably, if respondent’s Nov. 16, 1999, levy notice was              
          not mailed to petitioner’s last known address, petitioner’s July            
          8, 2002, request for an Appeals Office hearing should have been             
          treated as timely, and a regular sec. 6330 Appeals Office hearing           
          should have been held, not an equivalent hearing.  See sec.                 
          301.6330-1(i), Proced. & Admin. Regs. (explaining when an                   
          equivalent hearing is to be held).                                          
               In Craig v. Commissioner, 119 T.C. 252 (2002), we treated a            
          decision letter from an equivalent hearing, which should have               
          been treated as a regular sec. 6330 hearing, as a notice of                 
          determination for purposes of allowing our review of respondent’s           
          Appeals Office determination.                                               






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