- 23 - 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 periodsPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011