Karl Paul Vossbrinck - Page 5




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               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).            






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