- 14 - 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...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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