Gary Wright - Page 12

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               purposes of section 6330(b).  [Sec. 301.6330-1(d)(2),                  
               Q&A-D6 and D7, Proced. & Admin. Regs.]                                 
          This Court has cited the above regulatory provisions, and                   
          corresponding promulgations under section 6320, with approval.              
          See, e.g., Taylor v. Commissioner, supra; Leineweber v.                     
          Commissioner, supra; Dorra v. Commissioner, supra; Gougler v.               
          Commissioner, supra.                                                        
               With respect to the instant matter, the record reflects that           
          petitioner was not afforded an opportunity for a face-to-face               
          hearing when all of the issues he raised were deemed frivolous or           
          groundless.  He had, however, stated an intent to record the                
          collection hearing he requested in his Form 12153.  In Keene v.             
          Commissioner, 121 T.C. 8, 19 (2003), this Court held that                   
          taxpayers are entitled, pursuant to section 7521(a)(1), to audio            
          record a face-to-face section 6330 hearing.  The taxpayer in that           
          case had refused to proceed when denied the opportunity to                  
          record, and we remanded the case to allow a recorded Appeals                
          hearing.  Id.                                                               
               In contrast, we have distinguished, and declined to remand,            
          cases where the taxpayer had participated in an Appeals Office              
          hearing, albeit unrecorded, and where all issues raised by the              
          taxpayer could be properly decided from the existing record.                
          E.g., id. at 19-20; Frey v. Commissioner, T.C. Memo. 2004-87;               
          Durrenberger v. Commissioner, T.C. Memo. 2004-44; Brashear v.               
          Commissioner, T.C. Memo. 2003-196; Kemper v. Commissioner, T.C.             





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