Terri Armstrong - Page 14




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          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.                                                





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