Louis A. and Christine Cox - Page 28

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          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.]                                                       






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