- 14 - an in person hearing”. As we understand her position, petitioner contends that section 6330 entitled her to a formal face-to-face hearing because there is “absolutely no doubt that Congress intended that the Administrative Procedures Act govern [sic] (5 U.S.C. � 554 et. seq.) * * * would govern” and that therefore the telephonic hearing that the Appeals officer offered her did not comply with that section. We have previously held that hearings under section 6330 are not formal adjudications. See Katz v. Commissioner, 115 T.C. 329, 337-338 (2000); Davis v. Commis- sioner, 115 T.C. 35, 41 (2000).10 We concluded in Davis v. Commissioner, supra, that Congress, in providing for a hearing under section 6330, did not intend to depart from the informal IRS Appeals Office process already provided for under section 601.106(c), Statement of Procedural Rules.11 See Katz v. Commis- sioner, supra. We reject petitioner’s contention that section 6330 entitled her to a formal face-to-face hearing under the APA. Although not altogether clear, petitioner may also be 10See also Barnhill v. Commissioner, T.C. Memo. 2002-116. 11Consistent with Katz v. Commissioner, 115 T.C. 329 (2000), Davis v. Commissioner, 115 T.C. 35 (2000), respondent issued final regulations under sec. 6330, effective on Jan. 18, 2002, with respect to any levy occurring on or after Jan. 19, 1999, which provide, inter alia, that the formal hearing procedures required under the Administrative Procedures Act, 5 U.S.C. secs. 551-559 (2000) (APA), do not apply to hearings under sec. 6330. Sec. 301.6330-1(d)(2), Q&A-D6, Proced. & Admin. Regs. See also sec. 301.6320-1(d)(2), Q&A-D6, Proced. & Admin. Regs., relating to hearings under sec. 6320.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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