- 27 - LARO, J., concurring in result: The majority holds that “respondent’s determination to proceed with collection of the tax liabilities assessed against petitioner for those [1992-1997] years was not an abuse of discretion.” Maj. op. p. 10. On the basis of this Court’s opinion in Lunsford v. Commissioner, 117 T.C. 183 (2001) (Lunsford II), a decision with which I dissented and continue to disagree, but for which I shall respectfully follow as the view of this Court, I agree with the majority’s holding.1 As was true in Lunsford II, petitioner has failed to advance in this proceeding any bona fide argument that makes it “either necessary or productive to remand this case to IRS Appeals to consider”. Id. at 189. A holding for respondent is therefore appropriate. I also write to clarify my understanding of the Court’s rejection of petitioner’s argument that the Appeals officer 1 I note in passing, however, that Lunsford II appears to have been sapped of some of its vitality by the Treasury Department’s recent release of final regulations under sec. 6330. The majority in Lunsford II did not require the Office of Appeals (Appeals) to conduct a face-to-face collection due process (CDP) hearing with the taxpayers even though the taxpayers had alleged in their petition that they wanted such a face-to-face hearing and that the absence of a face-to-face hearing deprived them of their right to present their case. Lunsford v. Commissioner, 117 T.C. 183, 191 (2001) (Laro, J., dissenting). Whereas the final regulations under sec. 6330 observe that a CDP hearing need not be held face-to-face, the regulations indicate that the taxpayer may demand that a CDP hearing be scheduled face-to-face. The regulations mandate that a taxpayer who requests a face-to- face CDP hearing “must be offered an opportunity for a hearing at the Appeals office closest to the taxpayer’s residence or, in the case of a business taxpayer, the taxpayer’s principal place of business.” Sec. 301.6330-1(d)(2), Q&A-D6 and D7, Proced. & Admin. Regs.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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