- 7 - III. Petitioner’s Claims A. Meaningful Hearing In the petition, petitioner claims that he was not afforded a meaningful hearing on all of the facts of the case, apparently because respondent erred in failing to allow petitioner the right to examine documents, present his case as he saw fit, and cross- examine witnesses. In Davis v. Commissioner, 115 T.C. 35, 41-42 (2000), we rejected similar claims, finding that, in providing to a person the right to request a section 6330(b) hearing, Congress intended an informal administrative hearing, of the type that, traditionally, had been conducted by appeals and was prescribed by section 601.106(c), Statement of Procedural Rules. We held that the right to a section 6330(b) hearing does not include the right to subpoena witnesses. Id. at 42. We stated: “The nature of the administrative Appeals process does not include the taking of testimony under oath or the compulsory attendance of witnesses.” Id. at 41-42. We concluded that the taxpayer could have a meaningful hearing without being accorded rights to subpoena witnesses and documents. Id. Petitioner has failed to demonstrate that he is entitled to any relief on account of his claim that respondent erred in failing to allow him the right to examine documents, present his case as he saw fit, and cross- examine witnesses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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