Louis A. and Christine Cox - Page 24

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               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:  “The                       





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