- 8 - 2. Whether Respondent Was Required To Offer a Hearing in Respondent’s Appeals Office Closest to Petitioner’s Residence Respondent contends that, in the Form 12153, petitioner did not request a hearing at one of respondent’s Appeals Offices. We disagree. The fact that Magee offered petitioner an opportunity for a conference at one of respondent’s Appeals Offices suggests that respondent believed (as did petitioner) that petitioner had requested a hearing at respondent’s Appeals Office. If we sustain respondent’s contention that a request for a hearing on Form 12153 is not a request for a hearing at an Appeals Office, Form 12153 would become a trap for the unwary because there is nothing on Form 12153 informing taxpayers of their right under section 6320 and the accompanying regulations to request a hearing at an Appeals Office. Respondent contends that respondent is not required to provide a hearing at one of respondent’s Appeals Offices. Respondent cites section 301.6320-1(d)(2), Q&A-D6, Proced. & Admin. Regs.4 Respondent, however, overlooks section 301.6320- 4 Sec. 301.6320-1(d)(2), Q&A-D6, Proced. & Admin. Regs., provides: 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 Appeals officer or employee and the taxpayer or the taxpayer's (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011