125 T.C. No. 9 UNITED STATES TAX COURT GREGORY DRAKE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20454-03L. Filed October 12, 2005. Prior to a scheduled sec. 6330, I.R.C., hearing with P, R’s settlement officer received a memorandum from R’s insolvency unit advisor that questioned the credibility and motives of P’s counsel in a prior court proceeding. P was not provided an opportunity to participate in the ex parte communication. Held: The memorandum constitutes a prohibited ex parte communication pursuant to Rev. Proc. 2000-43, 2000-2 C.B. 404, and therefore the instant case will be remanded to R’s Appeals Office for a new hearing. Timothy J. Burke, for petitioner. Louise R. Forbes, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011