- 28 - A. Whether the Initial Section 6330 Hearing Was Conducted in Good Faith. In response to the original notice of determination, petitioner contended that Settlement Officer O’Shea and Appeals Officer Kaplan were biased, were not impartial, and did not conduct the administrative review in good faith.16 Since the completion of the initial hearing, however, petitioner participated in the hearing on remand with Appeals Officer Kramer, who had no prior involvement with petitioner and had received no communication relating to the credibility of petitioner or petitioner’s representative. In light of the hearing on remand, we are satisfied that petitioner received a 15(...continued) 2002, constituted a prohibited ex parte communication, we did not decide petitioner’s remaining contentions in that opinion. 16Although the aforementioned contentions appear redundant, petitioner’s briefs set forth separate arguments with respect to each. Petitioner alleged the following facts in support of his contentions: (1) Settlement Officer O’Shea and Advisor Gordon engaged in an ex parte communication on Jan. 30, 2002; (2) Appeals Officer Kaplan and Attorney Forbes engaged in an ex parte communication on Oct. 27, 2003; (3) Appeals Officer Kaplan requested that petitioner submit updated financial documentation without investigating financial statements previously submitted by petitioner; (4) Appeals Officer Kaplan simultaneously requested that petitioner submit financial information and that petitioner increase his offer-in-compromise; (5) Appeals Officer Kaplan determined that the transfer of petitioner’s home to Darren Drake appeared questionable even though Appeals Officer Kaplan had no experience and performed no research with respect to bankruptcy foreclosure issues; and (6) respondent’s Appeals Office authorized Settlement Officer O’Shea and Appeals Officer Kaplan to both conduct the sec. 6330 hearing and to negotiate an offer-in-compromise.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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