- 11 - Office hearing held on May 6, 2002, was improper.9 Throughout the period commencing with petitioners’ filing their 1997 joint return with respondent and ending with their filing the petition with the Court, petitioners have made statements and requests and advanced contentions and arguments that the Court has found to be frivolous and/or groundless. Consequently, even though we recently held in Keene v. Commissioner, 121 T.C. __ (2003), that section 7521(a)(1) requires the Appeals Office to allow a tax- payer to make an audio recording of an Appeals Office hearing held pursuant to section 6330(b), we conclude that (1) it is not necessary and will not be productive to remand this case to the Appeals Office for another hearing under section 6320(b) in order to allow petitioners to make such an audio recording, see Lunsford v. Commissioner, 117 T.C. 183, 189 (2001), and (2) it is not necessary or appropriate to reject respondent’s determination to proceed with the collection action as determined in petition- ers’ notices of determination with respect to petitioners’ unpaid liabilities for 1997 and 1998, see id.10 Based upon our examination of the entire record before us, we find that respondent did not abuse respondent’s discretion in 9We note that the record does not establish that petitioners complied with the requirement of sec. 7521(a)(1) that they present respondent with their request to make an audio recording of their Appeals Office hearing in advance of that hearing. 10See Kemper v. Commissioner, T.C. Memo. 2003-195.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011