Gregory Drake - Page 2

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          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.                       




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