Joseph D. and Wanda S. Lunsford - Page 29




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               In Eldridge, the Supreme Court held that the decision to               
          terminate disability benefits based on written evidence did not             
          violate the recipient’s right to due process.  What was                     
          particularly significant to the Court in making its determination           
          that an oral hearing was not required was that the decision to              
          terminate disability benefits generally does not involve issues             
          of veracity and credibility.  Id. at 343-345.  Likewise, the                
          kinds of issues that a taxpayer may raise at a section 6330                 
          hearing, such as collection alternatives, are generally not                 
          issues that require the Appeals officer to evaluate the                     
          taxpayer’s veracity or credibility.     “‘[D]ue process is                  
          flexible and calls for such procedural protections as the                   
          particular situation demands.’” Id. at 334, quoting Morrissey v.            
          Brewer, 408 U.S. 471, 481 (1972).  In light of the fact that the            
          taxpayer has the opportunity for judicial review, due process               
          does not require that the section 6330 hearing be oral.                     
               WHALEN, BEGHE, and THORNTON, JJ., agree with this concurring           
          opinion.                                                                    


















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