Michael E. Vierow - Page 6

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               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.           






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