Gregory Drake - Page 17

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          petitioner’s representative.15                                              
               To reflect the foregoing,                                              

                                                  An appropriate order will           
                                             be issued.                               











               15Petitioner also contends that the ex parte communication             
          between Appeals Officer Kaplan and Attorney Forbes on Oct. 27,              
          2003, demonstrates that Appeals Officer Kaplan did not conduct              
          the administrative review in good faith.  In light of our holding           
          above, we need not decide whether the communication between                 
          Appeals Officer Kaplan and Attorney Forbes constitutes a                    
          prohibited ex parte communication for purposes of Rev. Proc.                
          2000-43, supra.  We note, however, that Attorney Forbes was the             
          recipient of the original memorandum from Advisor Gordon which              
          questioned the credibility of petitioner’s counsel in the                   
          bankruptcy proceeding.                                                      
               In addition to petitioner’s contentions with respect to the            
          ex parte communications, petitioner contends that petitioner’s              
          Fifth Amendment right to due process was violated by the absence            
          of “recognizable” procedures to be followed in the sec. 6330                
          hearing; that petitioner did not receive a sec. 6330 hearing                
          before an impartial officer; that the proposed collection                   
          alternative was “viable”; that Appeals Officer Kaplan’s request             
          that petitioner submit financial documentation without                      
          investigating prior statements demonstrates his bias; and that              
          respondent did not balance the need for the efficient collection            
          of taxes with the legitimate concern that the collection be no              
          more intrusive than necessary.  Because we remand the instant               
          case to respondent’s Appeals Office for a new hearing, we need              
          not consider the aforementioned contentions.                                





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