- 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 thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011