Joseph D. and Wanda S. Lunsford - Page 38




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          taxpayer, nevertheless, must have an opportunity to make the                
          showing at the hearing required by section 6330(b)(1).                      
               The majority’s conclusion that respondent should not be                
          required to conduct a hearing because it is not “either necessary           
          or productive to remand this case to IRS Appeals to consider                
          petitioners’ arguments”, majority op. p. 11, simply ignores and             
          circumvents the statute.  Neither Rule 331 nor petitioners’                 
          receipt of Form 4340 forecloses relevant questions relating to              
          the assessments or provides an excuse for us to ignore the                  
          section 6330(b)(1) hearing mandate.                                         
               The bottom line is that a taxpayer who requests a hearing is           
          entitled to one.  Sec. 6330(b)(1).  Neither respondent nor the              
          Court has any discretion about that.  Id.  Until petitioners have           
          the hearing they requested, sec. 6330(b)(1), respondent cannot              
          proceed with collection of the tax.  Sec. 6330(e)(1).  I have yet           
          to find the statutory exceptions to section 6330(b)(1) and (e)(1)           
          for individuals with whom the IRS does not want to deal.  Yet the           
          majority, in essence, have imprudently set forth such exceptions.           
          The congressional mandates in section 6330(b)(1) and (e)(1) are             
          unambiguous.  The majority, in an attempt to expedite the                   
          collection process, have rewritten those provisions.  The Court             
          has no authority to do so.                                                  
               CHIECHI, LARO, VASQUEZ, and MARVEL, JJ., agree with this               
          dissenting opinion.                                                         







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