- 5 - For more than 1 year after the December 2000 issuance of the determination and the filing of the petition, petitioner did nothing about seeking a private letter ruling. Moreover, petitioner has alleged that he submitted his request for a ruling about 8 days prior to the time of the scheduled trial of this case (March 4, 2002). OPINION The question we consider is whether, under the circumstances of this case, respondent abused his discretion by not allowing petitioner additional time to seek a private letter ruling. The obverse of that question is whether the amount of time respondent afforded petitioner to seek collection alternatives was reasonable. 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” consists of the following elements: (1) An impartial officer will conduct the hearing; (2) the conducting officer will receive verification from the Secretary that the requirements of applicable law and administrative procedure have been met; (3) certain issues may be heard such as spousal defenses and offers-in-compromise; and (4) a challenge to the underlying liability may only be raised if the taxpayer did not receive a statutory notice of deficiency or receive an opportunity to dispute such liability. Sec. 6330(c).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011