Michael V. Severo and Georgina C. Severo - Page 6




                                        - 6 -                                         
               Respondent granted petitioners a section 6320 Appeals Office           
          hearing relating to the NFTL.  Because, however, petitioners in             
          November of 2004 already had had an opportunity to request an               
          Appeals Office collection hearing relating to respondent’s 2004             
          levy on petitioners’ California income tax refund, respondent               
          granted to petitioners only an equivalent hearing relating to               
          respondent’s September 7, 2005, second levy notice.                         
               On March 3, 2006, respondent’s Appeals Office mailed to                
          petitioners a decision letter sustaining respondent’s                       
          September 7, 2005, levy notice and a notice of determination                
          sustaining respondent’s September 8, 2005, NFTL.                            

                                     Discussion                                       
               Generally, no appeal to this Court lies with regard to                 
          respondent’s decision letters relating to equivalent hearings.              
          Rule 330; Kennedy v. Commissioner, 116 T.C. 255, 261-262 (2001);            
          sec. 301.6330-1(i)(2), Q&A-I5, Proced. & Admin. Regs.  The Court            
          will dismiss sua sponte for lack of jurisdiction all issues                 
          herein relating to the Appeals Office equivalent hearing that was           
          held and to respondent’s decision letter relating to respondent’s           
          September 7, 2005, levy notice.  Orum v. Commissioner, 123 T.C.             
          1, 10-12 (2004), affd. 412 F.3d 819 (7th Cir. 2005).                        
               We decide respondent’s and petitioners’ cross-motions for              
          summary judgment only as they relate to respondent’s September 8,           
          2005, NFTL.                                                                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008