Zane D. and Debbie L. Worman - Page 8




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          case was filed in response to the lien notice and not in response           
          to a notice of determination as mandated by statute.  Therefore,            
          we may not, as we lack jurisdiction, address the propriety of the           
          filing of the lien in this case.                                            
               The foregoing is dispositive of the matter before us.                  
          However, even if petitioners had filed with the Court a petition            
          appealing from a notice of determination issued by respondent’s             
          Office of Appeals following a timely request for an                         
          administrative hearing, we would still be obliged to grant                  
          respondent’s motion, as supplemented, and dismiss this case.                
          Thus, in Greene-Thapedi v. Commissioner, 126 T.C. 1 (2006), the             
          Court held:  (1) The taxpayer’s challenges to the Commissioner’s            
          collection action (a proposed levy) were moot because there was             
          no unpaid tax liability upon which a levy could be based and the            
          Commissioner would not take any further collection action; (2)              
          this Court lacks jurisdiction in a lien or levy case (collection            
          review case) to determine an overpayment or to order a refund or            
          credit of taxes; and (3) the taxpayer’s case should be dismissed            
          as moot.                                                                    
               In the present case, petitioners’ unpaid assessed liability            
          is zero for each of the 4 years in issue.  Although a few cents             
          of accrued interest may remain for 1998 and 2003, respondent’s              
          counsel has represented that respondent has, as a matter of                 
          policy, written off such amounts as de minimis and does not seek            
          to collect them.  This representation is confirmed by the fact              





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