- 32 - determination1 letter. We held in Meyer that the failure to offer a hearing invalidated the determination and, thus, prevented us from having jurisdiction over the case. In Meyer we were correct in relying on Offiler v. Commissioner, 114 T.C. 492, 497 (2000), and stating: “section 6330(b) contemplates that an Appeals Office hearing, if duly requested by the taxpayer, must precede the issuance of a determination letter.” Meyer v. Commissioner, supra at 422. Because conducting a hearing is so fundamental to section 6330, the failure to do so precludes issuance of a determination under section 6330, Offiler v. Commissioner, supra at 497-498, and invalidates any purported determination. We have no jurisdiction over, and may not adjudicate, a matter if there has been no hearing. Section 6330(b)(1) is unambiguous.2 1References to a “determination” are not intended to imply whether it is a determination that meets the requirements of sec. 6330(c), (d), and (e). 2When interpreting an unambiguous statute, it is not necessary to consider the legislative history. Nevertheless, we note that the legislative history accompanying sec. 6330 further supports our position. Congress promulgated sec. 6330 to establish “formal procedures designed to insure due process where the IRS seeks to collect taxes by levy”. S. Rept. 105-174, at 67 (1998), 1998-3 C.B. 537, 603. The Senate Finance Committee stated that the Commissioner would, pursuant to sec. 6330, be required to “afford taxpayers adequate notice of collection activity and a meaningful hearing before the IRS deprives them of their property.” Id.; see also H. Conf. Rept. 105-599, at 263 (1998), 1998-3 C.B. 747, 1017 (“If * * * the taxpayer demands a hearing, the proposed collection action may not proceed until the hearing has concluded and the appeals officer has issued his or her determination.”). The temporary regulations relating to sec. 6330 are fully consistent with the legislative history of the (continued...)Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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