Dominic Calafati - Page 21

                                        - 21 -                                        
          the Appeals officer did not advise petitioner or his                        
          representative of respondent’s post-Keene policy prohibiting the            
          audio recording of section 6330 telephone hearings but permitting           
          the audio recording of a face-to-face hearing.  Petitioner                  
          understandably complains that respondent’s failure to inform him            
          of the policy deprived him of the opportunity to make an informed           
          decision regarding the format of his section 6330 hearing and his           
          right under section 7521 to audio record it.6  Petitioner states,           
          and respondent does not dispute, that if petitioner had known               
          about respondent’s policy, petitioner would have requested a                
          face-to-face hearing so that he could have exercised his right              
          under section 7521 to audio record his section 6330 hearing.                
               We are not aware of any Service publication or announcement            
          that would have put petitioner on notice of respondent’s post-              
          Keene policy before or at petitioner’s scheduled section 6330               
          hearing on August 20, 2003.  The regulations in effect on August            


               5(...continued)                                                        
          27,203, Conference and Settlement Practice, see sec. 8.6.1.2.5.,            
          at 27,207, Audio and Stenographic Recording of Conferences, and             
          sec. 8.6.1.2.5.1, at 27,208, Recording Requirements, which were             
          amended, effective May 13, 2004, to provide for audio recording             
          of all cases that have face-to-face conferences on issues that              
          are not deemed frivolous.                                                   
               6Respondent does not allege that petitioner has asserted               
          only frivolous or groundless arguments in his hearing request,              
          nor does he contend that petitioner had no right to have a sec.             
          6330 face-to-face hearing.  Rather, respondent contends that                
          petitioner was given the opportunity to have a sec. 6330 face-to-           
          face hearing but requested a telephone hearing instead.                     




Page:  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