- 9 - Collection System”. Under these circumstances, we believe the Appeals officer’s decision not to review petitioner’s offer in compromise was an abuse of his discretion and denied petitioner her right to a fair hearing under section 6330. Where a taxpayer is not afforded a proper opportunity for a hearing under section 6330, the Court can remand the case to the Appeals office to hold a hearing if we “believe that it is either necessary or productive”. Lunsford v. Commissioner, 117 T.C. 183, 189 (2001); Day v. Commissioner, T.C. Memo. 2004-30. In the present case, petitioner claims that she has evidence that her assets are of lower value than the Commissioner previously believed and that she should not be required to pay her tax obligations in full immediately. We believe there is a possibility that a productive result may occur from remanding petitioner’s case to the Appeals office for a proper hearing and review of petitioner’s offer in compromise. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011