Estate of Jerry Weiss, Deceased, Naomi Weiss, Executor, and Naomi Weiss - Page 6

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          has the right to an Appeals hearing.  Under section 6330(b)(3),             
          the taxpayer also has the right to have the hearing conducted by            
          an impartial Appeals officer.  Therefore, Drake is                          
          distinguishable from this case because there was a statutory                
          basis for the Court’s holding.  Here, we have no authority other            
          than the internal procedures the estate has cited, which, as                
          discussed, do not have a legally binding effect.3                           
               In addition, once a taxpayer’s case is docketed in the Tax             
          Court, there is no provision in the procedural rules for a                  
          taxpayer to request an Appeals conference.  New Hope Servs. v.              
          United States, 285 F.3d 568, 572 (7th Cir. 2002); Swanson v.                
          Commissioner, 106 T.C. 76, 99-100 (1996).                                   
          II. No Authority Supports Shifting the Burden of Proof for                  
               Violation of the Internal Procedure Relating to the Transfer           
               of Cases to Appeals                                                    
               Generally, determinations made by the Commissioner in a                
          notice of deficiency are presumed to be correct, and the estate             
          bears the burden of proving that those determinations are                   
          erroneous.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115              
          (1933).  Our Rules provide for several exceptions to the                    


               3In addition, Rev. Proc. 2000-43, 2000-2 C.B. 404, was                 
          promulgated in direct response to a congressional mandate in the            
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 1001, 112 Stat. 689, that directed the                
          Commissioner to develop a plan to prohibit ex parte                         
          communications between Appeals officers and other employees of              
          the Internal Revenue Service.  See Drake v. Commissioner, 125               
          T.C. ___ (2005) (slip. op. at 13-14).                                       




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