Scott William Katz - Page 13




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               undue inconvenience to the taxpayer.[10]                               
               The Treasury regulations in the examination context consider           
          the distances taxpayers will have to travel to submit information           
          to the IRS and attempt to provide taxpayers with venues at IRS              
          offices near their homes.  At the same time, the Treasury                   
          regulations recognize the limited resources of the IRS and, under           
          certain circumstances, provide for alternate examination                    
          locations more favorable to the IRS if the IRS office closest to            
          the taxpayer’s home lacks the appropriate personnel to conduct              
          the investigation.  We conclude that a similar framework also               
          applies in the context of an Appeals hearing under section                  
          6320(b).11                                                                  
               From the record, it appears that the Appeals Office closest            
          to the residence of petitioner is the Appeals Office in Sunrise,            
          Florida.  Petitioner has not alleged that there is an Appeals               
          Office in West Palm Beach or one closer to his residence.                   
          Petitioner alleged in one of his letters to the Appeals officer             
          only that he could not “appear with [his] witnesses” when the               



               10  Sec. 301.7605-1(e)(2), Proced. & Admin. Regs., lists the           
          circumstances in which the Internal Revenue Service (IRS) will              
          normally permit transfers.                                                  
               11  Sec. 6330(b) (which is almost identical to sec. 6320(b))           
          allows a taxpayer to have an Appeals hearing with regard to a               
          proposed levy.  Because Appeals hearings pursuant to secs.                  
          6320(b) and 6330(b) have the same function and scope, the                   
          framework we apply to an Appeals hearing under sec. 6320(b) also            
          applies to an Appeals hearing under sec. 6330(b).                           





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