- 5 - file the lien and proceed with collection. See Davis v. Commissioner, 115 T.C. 35, 37 (2000). Under section 6320(b), if a taxpayer “requests a hearing under subsection (a)(3)(B) [of section 6320], such hearing shall be held by the Internal Revenue Service Office of Appeals.” We have decided that, under appropriate circumstances, the hearing envisioned in sections 6320(b) and 6330(b) may be conducted telephonically. See Katz v. Commissioner, 115 T.C. 329, 334-339 (2000). In that case we concluded that the Appeals officer heard and considered all of petitioner’s arguments during a telephone conference. Id. at 337-338. In this case, we also conclude that the Appeals officer heard and considered all of petitioner’s arguments. In his response to respondent’s motion, petitioner stated that, if given another hearing, there is nothing more that he would argue to the Appeals officer. Petitioner and his representative communicated in writing and by telephone with respondent’s Appeals officer. In spite of this, petitioner contends that there was no “hearing” within the meaning of the statute. This contention is also contrary to the regulations under section 301.6320-1(d)(2) A-D6 of the Procedural and Administrative Regs., which provide that CDP hearings * * * are informal in nature and do not require the Appeals officer or employee and the taxpayer, or the taxpayer’s representative, to hold a face-to-face meeting. A CDP hearing may, but is not required to, consist of a face-to-face meeting, one or more written or oral communications between an AppealsPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011