Stephen Mitchell Day - Page 7

                                        - 7 -                                         
          was not involved in, any previous Appeals Office hearing”                   
          concerning the taxpayer’s tax and tax periods that are the                  
          subject of the current section 6330 proceeding.  Harrell v.                 
          Commissioner, T.C. Memo. 2003-271; sec. 301.6330-1(d)(2), Q&A-D4,           
          Proced. & Admin. Regs.  Based upon the record in the present                
          case, we conclude that Settlement Officer Craca was impartial.              
               With respect to the second element, that certain issues be             
          heard, in Neugebauer v. Commissioner, T.C. Memo. 2003-292, the              
          taxpayer requested that he be allowed to satisfy his outstanding            
          liability through an offer-in-compromise.  However, he failed to            
          submit a properly completed Form 656, Offer in Compromise, and              
          the required financial information for the consideration of his             
          request.  Accordingly, in Neugebauer v. Commissioner, supra, we             
          granted the Commissioner’s motion for summary judgment and                  
          sustained the Commissioner’s determination regarding the proposed           
          levy as a permissible exercise of discretion.                               
               In Vossbrinck v. Commissioner, supra, the taxpayer alleged             
          that he was denied a “fair hearing” under section 6330 because              
          the Commissioner declined to postpone the hearing for a second              
          time to allow taxpayer to seek a private letter ruling.  We found           
          the taxpayer’s allegation to be without merit because the                   
          Commissioner had postponed the hearing once before at taxpayer’s            
          request, and the taxpayer did not submit a request for such a               
          ruling until 8 days before trial and not before issuance of the             






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011