William B. Meyer - Page 10




                                               - 10 -                                                  
            taxpayer a hearing at the Appeals Office located nearest the                               
            taxpayer's residence.  We further concluded that, where the                                
            taxpayer had declined to attend the scheduled hearing on the                               
            ground that the location of the Appeals Office would impose an                             
            undue burden on his witnesses, the taxpayer nevertheless received                          
            an acceptable Appeals Office hearing by way of a telephone                                 
            conference with the Appeals officer.  See id. at ___ (slip op. at                          
            15); see Davis v. Commissioner, supra (an Appeals Office hearing                           
            does not include the right to subpoena or examine witnesses).                              
                  The record in this case shows that the Appeals Office did                            
            not provide petitioners with an opportunity for a hearing either                           
            in person or by telephone prior to issuing the disputed                                    
            determination letters.  Consistent with the plain language of                              
            section 6330(b), we conclude that the disputed determination                               
            letters are invalid.  The Appeals officer's attempt to invest the                          
            determination letters with legitimacy by scheduling a conference                           
            with petitioners after the issuance of the determination letters                           
            was too late in light of the clear mandate of section 6330.                                
                  Accordingly, we shall deny respondent's Motions to Dismiss                           
            for Lack Jurisdiction, as supplemented, and we shall dismiss                               
            these cases on the ground that the determination letters are                               
            invalid.                                                                                   
                  To reflect the foregoing,                                                            








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011