- 38 - The “delay” was created by the Appeals officer’s failure to follow the section 6330(b)(1) mandate to hold a hearing. Moreover, in a case where a taxpayer maintains a proceeding in the Court primarily for delay, we are authorized to impose a penalty under section 6673(a)(1). Although the majority state that Meyer was decided “in the nascent stages of our jurisprudence”, majority op. p. 10, there are no new experiences or newly ascertained facts that would warrant revisiting the jurisdictional issue in Meyer. See Burnet v. Commissioner, 285 U.S. 393, 412 (1932). Meyer was decided less than 1 year ago, yet an indeterminate number of case dispositions (i.e., by way of settlement and orders) have relied on it. The Court’s flip-flopping creates unnecessary and unwarranted instability in the law. In sum, the determination is the end product of the hearing process. Either there can be no determination without a hearing or any purported determination is invalid. The Court simply does not have jurisdiction. CHIECHI, LARO, VASQUEZ, and MARVEL, JJ., agree with this dissenting opinion.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011