- 15 - to Davis v. Commissioner, supra, applicable Treasury regulations, and the historical function of the Appeals Office, petitioner did not have the right to examine witnesses under oath during the Appeals hearing.13 Davis v. Commissioner, supra, undermines petitioner’s argument that he was entitled to an Appeals hearing in West Palm Beach because traveling to Sunrise, Florida, for his Appeals hearing would impose a burden on his witnesses. On the basis of the entire record and applicable law, we conclude that the Appeals officer has complied with the requirements of section 6320(b) by providing petitioner an opportunity for an Appeals hearing. Because of petitioner’s insistence on an Appeals hearing in West Palm Beach, Florida, the Appeals officer attempted to accommodate petitioner by offering to discuss his case over the telephone. From the record, we conclude that petitioner and the Appeals officer did in fact discuss his case over the telephone and that the Appeals officer heard and considered petitioner’s arguments. We thus further conclude that, through the communications between petitioner and the Appeals officer in the instant case, petitioner received an Appeals hearing as provided for in section 6320(b). 12(...continued) of perjury. * * * 13 Petitioner, however, could have submitted facts in the form of affidavits or declarations under penalties of perjury.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011