Laura A. Gavigan - Page 11

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          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.                                                                  






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