- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011