- 24 - shown on the CDP Notice. [Sec. 301.6330-1(d)(2), Q&A- D4, Proced. & Admin. Regs.] Hence, both the statutory and the regulatory language suggest a relatively permissive standard under which participation in earlier collection proceedings would not constitute disqualifying prior involvement for purposes of section 6320 or 6330. Legislative history is supportive of such a construction, providing: The conferees anticipate that the IRS will combine Notice of Intent to Levy and Notice of Lien hearings whenever possible. If multiple hearings are held, it is expected that, to the extent practicable, the same appellate officer will hear the taxpayer with regard to both lien and levy issues. If the taxpayer requests a hearing following receipt of a Notice of Lien or Notice of Intent to Levy and, prior to the date of the hearing, receives the other notice, the scheduled hearing will serve for both purposes and the taxpayer is obligated to raise all relevant issues at such hearing. [H. Conf. Rept. 105-599, at 266 (1998), 1998- 3 C.B. 747, 1020.] Thus, given the above authorities, there can be little doubt that some form of exception to the bar on prior involvement is countenanced and intended for participation in earlier collection proceedings. However, by their terms, the foregoing appear to be directed toward multiple proceedings where the same year or years are specifically the subject of the collection actions. Proper application to proceedings where different tax periods are in issue is less explicit. Caselaw, too, offers only limited guidance. This Court has characterized the policy of the bar as follows: “ThePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011