- 15 - find no abuse of discretion in the Appeals officer’s determination concerning the requirements of section 6330(c)(3)(C). See Magana v. Commissioner, 118 T.C. 488 (2002). 3. Conduct of Discovery Petitioner alleges that it was error for the Appeals officer to fail to allow petitioner the opportunity to conduct discovery in connection with the hearing. At the outset, we note that there does not appear to be anything in the record to indicate that petitioner ever attempted to conduct discovery, or that the Appeals officer refused a request to do so. In any event, the hearing process contemplated in section 6330 is informal and does not require the compulsory production of documents. See Davis v. Commissioner, 115 T.C. at 41-42; Lindsay v. Commissioner, T.C. Memo. 2001-285; Wylie v. Commissioner, T.C. Memo. 2001-65. Any refusal to afford petitioner the opportunity for formal discovery was not an abuse of discretion. 4. Spouse’s Hearing Rights Petitioner argues that it was error for the Appeals officer not to allow his spouse to participate in the hearing. We infer from petitioner’s various submissions that he believes his spouse was entitled to a hearing under section 6330 because she holds a community property interest in any property of his that might be subject to the proposed levy.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011