David A. Lehmann - Page 12

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          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.                     
          Furthermore, once a taxpayer has been given a reasonable                    
          opportunity for a hearing but has failed to avail himself or                
          herself of that opportunity, we have approved the making of a               
          determination to proceed with collection based on the Appeals               
          officer’s review of the case file.  See, e.g., Taylor v.                    
          Commissioner, T.C. Memo. 2004-25; Leineweber v. Commissioner,               
          T.C. Memo. 2004-17; Armstrong v. Commissioner, T.C. Memo. 2002-             
          224; Gougler v. Commissioner, T.C. Memo. 2002-185; Mann v.                  
          Commissioner, T.C. Memo. 2002-48.  Thus, a face-to-face meeting             
          is not invariably required.                                                 
               Regulations promulgated under section 6330 likewise                    
          incorporate many of the foregoing concepts, as follows:                     
                    Q-D6.  How are CDP hearings conducted?                            
                    A-D6.  * * * CDP hearings * * * are informal in                   
               nature and do not require the Appeals officer or                       
               employee and the taxpayer, or the taxpayer’s                           
               representative, to hold a face-to-face meeting.  A CDP                 





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