- 14 - procedure have been met”. See, e.g., Yacksyzn v. Commissioner, T.C. Memo. 2002-99. In the attachment to each notice of determination, Appeals Officer Cody states: “I have had no prior involvement with this taxpayer concerning the 1998 tax period before this CDP case.” On the basis of this statement, which misstates the tax period in question, petitioner alleges that respondent failed to show that the Appeals officer was “impartial” with respect to this collection proceeding as required by section 6330(b)(3). As previously indicated, we attach little significance to the typographical error regarding the tax period in question. For purposes of section 6330(b)(3), an “impartial” officer is one “who has had no prior involvement with respect to the unpaid tax specified in subsection (a)(3)(A) before the first hearing under this section or section 6320.” See Perez v. Commissioner, T.C. Memo. 2002-274. Petitioner has presented no evidence that Appeals Officer Cody was previously involved in his case. We conclude that the section 6330(b)(3) impartiality requirement was satisfied in this case. V. Conclusion Petitioner has not made a valid challenge to the appropriateness of the proposed collection action or offered any collection alternatives. The Appeals officer did not act in an arbitrary or capricious way, or in an unlawful or unreasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011