- 4 - The Court may retain jurisdiction over the case upon remand to the Appeals Office. The Court’s retention of jurisdiction upon remand does not adversely affect the ability of the taxpayer to receive a fair section 6330 hearing. The Court may include instructions and explain the purpose of a remand to the Appeals Office. See, e.g., Keene v. Commissioner, 121 T.C. 8, 19 (2003); Cooley v. Commissioner, T.C. Memo. 2004-49. Upon remand, the Appeals Office may further consider the taxpayer’s arguments. See sec. 6330(d)(2); Lunsford II, supra at 189. Petitioner also argues that the Notice of Determination should be vacated. We interpret petitioners’ argument that the Notice should be vacated as a request to invalidate the Notice. Whether petitioner had: an appropriate hearing opportunity, or whether the hearing was conducted properly, or whether the hearing was fair, or whether it was held by an impartial Appeals Officer, or whether any of the other nonjurisdictional provisions of section 6330 were properly followed, will all be factors that we must take into consideration under section 6330 in deciding such cases. But none of these factors should preclude us from exercising our jurisdiction under section 6330(d), in order to resolve the underlying dispute in a fair and expeditious manner. Lunsford I, supra at 164. In this case the Notice of Determination embodies a determination to proceed with the collection of the taxes in issue, and the petition was timely. Accordingly, we shall not invalidate the Notice of Determination.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011