Joseph D. and Wanda S. Lunsford - Page 33




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          (emphasis added).  They refuse to follow the unambiguous                    
          statutory mandate that if a hearing is requested, “such hearing             
          shall be held by the Internal Revenue Service Office of Appeals.”           
          Sec. 6330(b)(1) (emphasis added).  The congressional mandate is             
          binding.3  The majority’s assessment of “necessity” and                     
          “productivity” is irrelevant.                                               
               Section 6330(b)(1) is bolstered by section 6330(e)(1)--                
          another unambiguous provision.  Section 6330(e)(1) provides that            
          “if a hearing is requested * * *, the levy actions which are the            
          subject of the requested hearing and the running of any period of           
          limitations * * * shall be suspended for the period during which            
          such hearing, and appeals therein, are pending.”  Thus, because             
          the hearing required by section 6330(b)(1) was not held,                    



               3When 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               
          statute.  See sec. 301.6330-1T(d)(1), Proced. & Admin. Regs., 64            
          Fed. Reg. 3410 (Jan. 22, 1999) (“If a taxpayer requests a CDP               
          hearing under section 6330(a)(3)(B) * * *, the CDP hearing will             
          be held with Appeals.”).                                                    





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