- 8 - Appeals officer “did in fact discuss his case over the telephone and that the Appeals officer heard and considered * * * [the taxpayer’s] arguments.” Id. at 337-338; see also sec. 301.6330- 1(d)(2), Q&A-D6, Proced. & Admin. Regs. In the present case, petitioner has not established that respondent abused his discretion in determining that the two telephone conversations between Mr. Taggart and Appeals Officer Melick constituted a section 6330 hearing. Petitioner offered no evidence with respect to the content of the two telephone conversations.5 Without such evidence, we have no basis upon which to conclude that respondent improperly characterized the two telephone conversations as a section 6330 hearing.6 Petitioner bases her arguments in this case solely on her belief that she was not afforded the hearing that section 6330 requires. Petitioner does not address what may be the critical element of respondent’s determination. Respondent determined that “an offer in compromise or other alternative to collection 5In this fully stipulated case, the parties did not stipulate regarding the content of the two telephone conversations. Although both parties argued on brief regarding the circumstances of the two telephone conversations, and respondent argued that the parties “discussed the substance of petitioner’s case”, the parties did not provide the Court with any evidence. 6The record in this case is silent regarding the circumstances surrounding the two telephone calls, and we cannot conclude that respondent abused his discretion regarding the determination that a hearing was held without some proof to the contrary.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011