Scott William Katz - Page 14




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          hearing location was “almost an hour away” from West Palm Beach.            
          Petitioner did not, nor does he now, explain why commuting an               
          hour would constitute an undue burden on petitioner or his                  
          witnesses.  On the basis of the record, we cannot find support              
          for petitioner’s contention.                                                
               We also note that in Davis v. Commissioner, 115 T.C. ___               
          (2000), we recently addressed a taxpayer’s claim that an Appeals            
          officer failed to afford him an Appeals hearing as envisioned by            
          Congress in section 6330.  The taxpayer in that case argued that            
          any meaningful hearing required “that he be able to subpoena                
          witnesses and documents”.  Id. at ___ (slip op. at 8).  We stated           
          that the “nature of the administrative Appeals process does not             
          include the taking of testimony under oath or the compulsory                
          attendance of witnesses.”  Id. at ___ (slip op. at 11).  We noted           
          that hearings “at the Appeals level have historically been                  
          conducted in an informal setting” and that nothing in section               
          6330 or the legislative history indicated that Congress intended            
          to alter this format.12   Id. at ___ (slip op. at 10).  Pursuant            


               12  In Davis v. Commissioner, 115 T.C. ___, ___ (2000) (slip           
          op. at 10), we looked at Treasury regulations dealing with the              
          functions of the Appeals Office.  We cited sec. 601.106(c),                 
          Statement of Procedural Rules, which provides:                              
                    (c) Nature of proceedings before Appeals.                         
               Proceedings before the Appeals are informal.  Testimony                
               under oath is not taken, although matters alleged as                   
               facts may be required to be submitted in the form of                   
               affidavits, or declared to be true under the penalties                 
                                                             (continued...)           





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