Dominic Calafati - Page 15

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          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 is                






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