- 33 - record in-person interviews, as applied to section 6320 and 6330 Appeals hearings, would be administered by the Service in the same manner as the Service had for the 10 years since its enactment administered section 7521. In any event, because taxpayers had the right to tape Appeals proceedings at the time sections 6320 and 6330 were enacted, nothing can be presumed from Congress’s silence regarding the right to record these hearings. Third, several considerations of fairness or practicality support the taxpayer’s right to record hearings under section 6320 or 6330. In particular, it is noteworthy that both section 7521 and sections 6320 and 6330 were enacted to add to the taxpayer’s procedural rights. The usefulness of a transcript for purposes of review of sections 6320 and 6330 proceedings also cannot be ignored. Lastly, the concerns apparently generating the Service’s retraction of recording rights in the Appeals context can perhaps be handled effectively in ways less drastic than a complete curtailment. GERBER, LARO, FOLEY, MARVEL, and GOEKE, JJ., agree with this concurring opinion.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011