- 15 - the section 6330 hearing was a face-to-face meeting between the taxpayer and the Appeals officer. In this case, the section 6330 hearing was telephonic and did not involve any face-to-face meeting between petitioner and the Appeals officer. Respondent argues that the term “in-person interview” in section 7521(a)(1) requires a face-to-face meeting between the taxpayer and the presiding Appeals officer. Petitioner contends, however, that Keene confirms he is entitled to make an audio recording of his section 6330 telephone hearing because the hearing relates to the collection of tax and involves an exchange of information that qualifies as an “in-person interview” as that term is used in section 7521(a)(1) and that “it’s not an issue of whether it’s by telephone or not”. We disagree with petitioner for the following reasons. First, petitioner’s position that Keene confirms he has a right to audio record his section 6330 hearing pursuant to section 7521(a)(1), regardless of whether it takes place face-to- face, by telephone, or otherwise, is not persuasive. In Keene, we held that section 7521(a)(1) entitled the taxpayer to audio record his section 6330 hearing because the hearing was an “in- person interview” with respect to the collection of tax. We concluded that the hearing had the characteristics of a section 7521(a)(1) “in-person interview”, in part, specifically because the hearing “between the taxpayer and the Appeals officer isPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011