Joseph D. and Wanda S. Lunsford - Page 28




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          addressing the issues presented by the taxpayer and considered at           
          the hearing”, H. Conf. Rept. 105-599, supra at 266, 1998-3 C.B.             
          at 1020, and that the Court must review that determination.                 
               7.  The Advisory                                                       
               The majority’s conclusion that Appeals need not hold a CDP             
          hearing with petitioners is inconsistent with, and unexplainably            
          significantly broader than, the Commissioner’s administrative               
          practice on this subject.  In the advisory, the Chief Counsel               
          stated that a meeting between Chief Counsel, Appeals, and the               
          U.S. Department of Justice had resulted in the decision that                
          “Appeals would strive to grant, at a minimum, face-to-face                  
          conferences to all requesting taxpayers.”  The advisory was                 
          generated when Las Vegas Appeals (L.V. Appeals) informed Chief              
          Counsel that L.V. Appeals intended to no longer schedule a                  
          face-to-face or telephonic CDP conference when a taxpayer’s                 
          request for a CDP hearing set forth only frivolous or                       
          constitutional arguments.  The Chief Counsel, upon consultation             
          with the U.S. Department of Justice and Appeals, concluded in the           
          advisory that the intended practice did not satisfy the statutory           
          requirements of section 6330.  The Chief Counsel advised Appeals            
          (and Appeals agreed) that it had to conduct a face-to-face CDP              
          hearing with any taxpayer that requested such a hearing,                    
          regardless of the matter set forth in the request, that the                 
          manner of the hearing should be “informal”, and that the length             






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