Stephen Mitchell Day - Page 6

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               Under section 6330, a taxpayer is entitled to notice and an            
          opportunity for a hearing before certain lien and levy actions              
          are taken by the Commissioner in the process of collecting unpaid           
          Federal taxes.  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 four elements:  (1) An impartial officer will conduct             
          the hearing; (2) certain issues may be heard such as an offer-in-           
          compromise; (3) the conducting officer will receive verification            
          from the Secretary that the requirements of applicable law and              
          administrative procedure have been met; and (4) a challenge to              
          the underlying tax liability may be raised only if the taxpayer             
          did not receive a statutory notice of deficiency or receive an              
          opportunity to dispute such liability.  Sec. 6330(b) and (c); see           
          Lunsford v. Commissioner, 117 T.C. 183, 183-184 (2001);                     
          Vossbrinck v. Commissioner, T.C. Memo. 2002-96.                             
               In the present case, the last two elements are not in                  
          dispute.  With respect to the first element, section 6330(b)(3)             
          provides in relevant part:  “The hearing * * * shall be conducted           
          by an officer or employee who has had no prior involvement with             
          respect to the unpaid tax * * * before the first hearing under              
          [section 6330]”.  Construing the language of section 6330(b)(3)             
          and the regulation thereunder, we have held that an Appeals                 
          officer is impartial if he or she “did not participate in, and              






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