Lucinda A. Yazzie - Page 10

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               underlying tax liability is not properly at issue, the                 
               Court will review the Commissioner’s administrative                    
               determination for abuse of discretion. [Sego v.                        
               Commissioner, 114 T.C. 604, 610 (2000).]                               
               B.  Analysis                                                           
                    1.  Appeals Hearing                                               
               The petition emphasizes petitioner’s claim that she was                
          denied the collection hearing to which she was entitled and seeks           
          a remand to Appeals in order to allow a conference to be held.              
          Relevant caselaw precedent and regulatory authority, however,               
          indicate that the circumstances here do not render remand                   
          appropriate.                                                                
               Hearings conducted under section 6330 are informal                     
          proceedings, not formal adjudications.  Katz v. Commmissioner,              
          115 T.C. 329, 337 (2000); Davis v. Commissioner, 115 T.C. at 41             
          There exists no right to subpoena witnesses or documents in                 
          connection with section 6330 hearings.  Roberts v. Commissioner,            
          118 T.C. 365, 372 (2002), affd. 329 F.3d 1224 (11th Cir. 2003);             
          Nestor v. Commissioner, 118 T.C. 162, 166-167 (2002); Davis v.              
          Commissioner, supra at 41-42.  Taxpayers are entitled to be                 
          offered a face-to-face hearing at the Appeals Office nearest                
          their residence.  Where the taxpayer declines to participate in a           
          proffered face-to-face hearing, hearings may also be conducted              
          telephonically or by correspondence.  Katz v. Commissioner, supra           
          at 337-338; Dorra v. Commissioner, T.C. Memo. 2004-16; sec.                 
          301.6330-1(d)(2), Q&A-D6 and D7, Proced. & Admin. Regs.                     





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