- 2 - 1991, 1992, 1994, 1995, and 1997 tax years.1 On October 12, 2005, we filed the initial opinion in this case, Drake v. Commissioner, 125 T.C. 201 (Drake I). In Drake I, we concluded that a memorandum received by the settlement officer assigned to conduct petitioner’s administrative hearing under section 6330 (section 6330 hearing) constituted a prohibited ex parte communication which may have damaged petitioner’s credibility before respondent’s Appeals Office. Consequently, we held that respondent’s Appeals officer abused his discretion in determining that the proposed levy against petitioner should be sustained. We retained jurisdiction of the case and remanded it to respondent’s Appeals Office for a new section 6330 hearing with an independent Appeals officer who had received no communication relating to the credibility of petitioner or petitioner’s representative. On November 17, 2005, petitioner filed a motion for litigation costs and fees pursuant to section 7430 and Rule 231. In accordance with an order of this Court, a newly assigned Appeals officer conducted a new section 6330 hearing with petitioner (the section 6330 hearing on remand). On March 13, 2006, respondent’s Appeals Office issued a notice of determination, sustaining the proposed collection action against 1Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011