- 28 - be unworkable. Likewise, since much of the relevant information would remain unchanged regardless of the period under consideration, wasteful redundancy could be sanctioned by too narrow a reading of the exception, and the avoidance thereof likely formed part of the reasoning behind inclusion of the exception in the statute. Accordingly, the Court concludes that Mr. Skidmore’s consideration of the 2001 and 2002 years during the collection hearing process concerning 2000 did not lead to disqualification on grounds of prior involvement as that terminology is used in section 6330(b)(3). The foregoing conclusion does not, however, necessarily end the inquiry with respect to a potential violation of section 6330(b)(3). The question remains as to whether the provision also incorporates a general requirement of impartiality, in the sense of no prejudice or bias, that might have been transgressed on these facts. The Court has spoken briefly to this point in the context of a lien action under section 6320: Section 6320(b)(3) limits the definition of “impartial officer” * * *, and that definition does not address, and arguably does not permit, a challenge to the objectivity of the hearing officer who presides over a hearing under sections 6320 and 6330. However, we shall assume without deciding, for purposes of this analysis, that sections 6320 and 6330 permit a challenge in appropriate cases to a demonstrably biased hearing officer. See secs. 6320(c), 6330(c)(2)(A) (A person may raise at the hearing any relevant issue relating to the proposed collection action including the enumerated issues). [Criner v. Commissioner, T.C. Memo. 2003-328.]Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011