- 29 - In Eldridge, the Supreme Court held that the decision to terminate disability benefits based on written evidence did not violate the recipient’s right to due process. What was particularly significant to the Court in making its determination that an oral hearing was not required was that the decision to terminate disability benefits generally does not involve issues of veracity and credibility. Id. at 343-345. Likewise, the kinds of issues that a taxpayer may raise at a section 6330 hearing, such as collection alternatives, are generally not issues that require the Appeals officer to evaluate the taxpayer’s veracity or credibility. “‘[D]ue process is flexible and calls for such procedural protections as the particular situation demands.’” Id. at 334, quoting Morrissey v. Brewer, 408 U.S. 471, 481 (1972). In light of the fact that the taxpayer has the opportunity for judicial review, due process does not require that the section 6330 hearing be oral. WHALEN, BEGHE, and THORNTON, JJ., agree with this concurring opinion.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011