Fred Sebastian - Page 7




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          certified or registered mail, return receipt requested, to the              
          taxpayer’s last known address.  Secs. 6330(a)(2), 6331(d)(2).               
          Section 6330 elaborates on section 6331 and provides that upon a            
          timely request a taxpayer is entitled to a collection hearing               
          before the IRS Office of Appeals.  Sec. 6330(a)(3)(B), (b)(1).              
               The taxpayer is entitled to appeal the determination of the            
          Appeals Office, if made on or before October 16, 2006, to the Tax           
          Court or a U.S. District Court, depending on the type of tax at             
          issue.  Sec. 6330(d).5  It is well established that this Court’s            
          jurisdiction under section 6330 depends on the issuance of a                
          valid notice of determination and the filing of a timely petition           
          for review.  See Rule 330(b); Sarrell v. Commissioner, 117 T.C.             
          122, 125 (2001); Moorhous v. Commissioner, 116 T.C. 263, 269                
          (2001); Offiler v. Commissioner, 114 T.C. 492, 498 (2000).                  
               Because the petition was filed late, this case must be                 
          dismissed.  The issue for decision is whether the dismissal of              
          this case should be based on petitioner’s failure to file a                 
          timely petition, or whether dismissal should be based on                    
          respondent’s failure to issue a valid notice of determination.              
          The answer makes a significant difference to the parties.  If               
          jurisdiction is lacking because of respondent’s failure to issue            
          a valid notice of determination, then the Court will dismiss on             

               5Determinations made after Oct. 16, 2006, are appealable               
          only to the Tax Court.  See Pension Protection Act of 2006, Pub.            
          L. 109-280, sec. 855, 120 Stat. 1019.                                       





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