Louis A. and Christine Cox - Page 23

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               B.   Impartiality of the Appeals Officer                               
               Petitioners have, throughout the administrative and                    
          litigation process, consistently objected to the consideration of           
          their 2001 and 2002 years by Mr. Skidmore on grounds of prior               
          involvement.  Section 6330(b)(3) subsumes in the statutory right            
          to a fair hearing the requirement of an impartial officer:  “The            
          hearing under this subsection shall be conducted by an officer or           
          employee who has had no prior involvement with respect to the               
          unpaid tax specified in subsection (a)(3)(A) before the first               
          hearing under this section or section 6320.  A taxpayer may waive           
          the requirement of this paragraph.”  Petitioners’ position is               
          that Mr. Skidmore’s looking into their 2001 and 2002 liabilities            
          in connection with his handling of the 1999 and 2000 years                  
          constitutes disqualifying prior involvement.  They also allege              
          more generally that prejudice engendered by his prior dealings              
          with them prevented Mr. Skidmore from taking an unbiased look at            
          their 2001 and 2002 years.                                                  
               With respect to the key phrase “prior involvement”,                    
          regulations amplify the statutory language as set forth below:              
                    Q-D4.  What is considered to be prior involvement                 
               by an employee or officer of Appeals with respect to                   
               the tax and tax period or periods involved in the                      
               hearing?                                                               
                    A-D4.  Prior involvement by an employee or officer                
               of Appeals includes participation or involvement in an                 
               Appeals hearing (other than a CDP hearing held under                   
               either section 6320 or section 6330) that the taxpayer                 
               may have had with respect to the tax and tax periods                   





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