- 6 - This case was tried before our Opinion in Robinette v. Commissioner, 123 T.C. 85 (2004). In Robinette, we held that when reviewing the Commissioner’s determination pursuant to section 6330, our review is not limited by the Administrative Procedure Act, the evidence we may consider is not limited to the administrative record, and we conduct trials de novo. See also Holliday v. Commissioner, T.C. Memo. 2002-67 (Commissioner permitted to present documents, records, and testimony at trial that were not part of administrative record), affd. 57 Fed. Appx. 774 (9th Cir. 2003). 2. Procedural Issue--Location of the Hearing Petitioner argues that he was entitled to a hearing at the Appeals Office closest to his home and the San Francisco Appeals Office was not the closest Appeals Office to his home. If a taxpayer receives a notice of lien or intent to levy and requests a hearing at the Commissioner’s Appeals Office, the taxpayer must be offered an opportunity for a hearing at the Appeals Office closest to the taxpayer’s residence. Parker v. Commissioner, T.C. Memo. 2004-226; see Katz v. Commissioner, 115 T.C. 329, 335- 336 (2000); sec. 301.6320-1(d)(2), Q&A-D7, Proced. & Admin. Regs. Assuming arguendo that there was an Appeals Office closer to petitioner’s home than San Francisco, California, we do not think it is necessary or productive to remand this case to Appeals. See Lunsford v. Commissioner, 117 T.C. 183, 189 (2001); Kemper v.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011