Curtis B. Keene - Page 55

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          6320(b)) when it made section 7521 part of the Code in 1988.                
          Moreover, as also discussed above, the desirability in certain              
          circumstances of having a transcript of a section 6330 hearing              
          (and a section 6320 hearing) does not answer the question                   
          whether, and does not logically lead to the conclusion that,                
          section 7521 mandates that a taxpayer have the right to make an             
          audio recording of a hearing before Appeals.                                
               Having held that section 7521(a)(1) requires respondent to             
          allow petitioner to make an audio recording of his section                  
          6330(b) hearing, the majority concludes:                                    
               we shall remand this case to respondent’s Appeals                      
               Office with direction that petitioner be offered a                     
               section 6330 hearing that may be audio recorded                        
               pursuant to section 7521(a)(1).[7]                                     
          Majority op. pp. 17-18.                                                     
          The result mandated by the majority is that respondent must offer           
          another hearing under section 6330 to petitioner, who, according            
          to the majority, has a long history of advancing tax-protester              


               7In reaching the result to remand for an Appeals hearing               
          that petitioner may audio record, the majority relies on                    
          respondent’s acknowledgment that if the Court were to decide the            
          audio recording issue against respondent, the proper action would           
          be to remand the case and allow petitioner to have a hearing that           
          he may audio record.  Respondent’s position as to what the Court            
          should do if it were to hold against respondent on the issue                
          presented under sec. 7521(a)(1) is not binding on the Court and             
          does not justify remanding the case to Appeals.  The Court has              
          never hesitated in the past, and the majority should not have               
          hesitated in the instant case, to reject the IRS’s (or the                  
          taxpayer’s) view of what the proper action should be in the event           
          that the Court were to resolve an issue adversely to that party.            




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