- 14 - in response to a timely request. Such a hearing is, in turn, a prerequisite for the Secretary’s issuance of a notice of determination. There is no statutory authority for the proposition that a withdrawn request for a section 6330 hearing may be automatically reinstated by subsequent events such as the termination of an installment agreement. Nor are petitioners able to point to any provision in the installment agreement (or in their withdrawal of their request for a section 6330 hearing) that would lead to that outcome. Indeed, in their withdrawal request, petitioners explicitly agreed to give up their right to seek judicial review of the notice of determination that would have been issued by the Appeals Office.9 Even though no section 6330 hearing was held, petitioners obtained exactly what the section 6330 hearing is designed to accomplish, a payment alternative in the form of an installment agreement. Because petitioners withdrew their request for a section 6330 hearing, respondent did not (and was not required to) conduct a hearing, to be followed by a notice of determination. See sec. 301.6330-1(f), Proced. & Admin. Regs. Petitioners’ withdrawing the request for a section 6330 hearing has the same 9See Aguirre v. Commissioner, 117 T.C. 324 (2001), where we granted summary judgment against taxpayers who signed Form 4549, Income Tax Examination Changes, in which they waived the right to contest their tax liability in this Court and consented to the immediate assessment and collection of tax.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007