- 6 - Section 6330 provides that, upon request and in the circumstances described therein, a taxpayer has a right to a “fair hearing”. Sec. 6330(b). A “fair hearing” requires, inter alia, that the conducting officer receive verification from the Secretary that the requirements of applicable law and administrative procedure have been met. Sec. 6330(c). In satisfying this requirement, the Secretary may use a Form 4340. Lunsford v. Commissioner, 117 T.C. 183, 187-188 (2001). One week before trial, respondent provided petitioner with a transcript of petitioner’s account. A transcript of a taxpayer’s account and a Form 4340 contain the same information, insofar as pertinent here. A transcript contains transaction codes, whereas a Form 4340 contains a conversion of the codes into descriptive terms. At trial, petitioner exhibited his understanding of the transaction codes. Accordingly, the transcript provided petitioner with the same information as a Form 4340 and satisfies the requirement that he be provided with a verification of his account. See Nestor v. Commissioner, 118 T.C. 162 (2002); Kuglin v. Commissioner, T.C. Memo. 2002-51. B. The Right To Subpoena Documents and Witnesses, Etc. Petitioner argues that section 6330, as written, does not provide for a “fair hearing”. Petitioner argues that a “fair hearing” must include the right to subpoena documents and witnesses, confront witnesses, submit evidence, etc. We holdPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011