- 10 - served by remanding this case for further hearing, and we so hold. C. Impartial Officer Section 6330(b)(3) provides that a taxpayer is entitled to a CDP hearing conducted by an officer who has had no prior involvement with respect to the taxpayer’s unpaid tax liability. Prior involvement includes participation or involvement in an Appeals hearing (other than a CDP hearing) that the taxpayer may have had with respect to the tax and tax periods shown on the CDP notice. Sec. 301.6330-1(d)(2), Q&A-D4, Proced. & Admin. Regs. Petitioner’s claim that the settlement officer was not an impartial officer was summarized in the notice of determination as follows: “Despite requests for additional financial information to construct alternatives to the proposed collection action the data has not been supplied. You indicated that by making such a request in the correspondence of April 23, 2003, the settlement officer was not impartial”. Petitioner’s argument is completely baseless. The administrative record clearly shows that the settlement officer was not involved with petitioner’s 1996 tax liability until he was assigned to her CDP hearing. His April 23, 2003, letter to petitioner is part of the administrative record from petitioner’s CDP hearing and does not represent a prior involvement with the taxpayer’s unpaid tax liability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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