Gregory Drake - Page 29

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            section 6330 hearing before an impartial Appeals officer for                                   
            purposes of section 6330(b)(3), and we conclude that petitioner’s                              
            aforementioned contentions are now moot.  See Sapp v.                                          
            Commissioner, T.C. Memo. 2006-104.                                                             
            B.    Whether Petitioner’s Fifth Amendment Right to Due Process                                
                  Was Violated.                                                                            
                 Petitioner also contends that his Fifth Amendment right to                               
            due process was violated by the absence of “recognizable”                                      
            procedures to be followed in the section 6330 hearing.  The                                    
            Secretary, however, has promulgated regulations to govern section                              
            6330 hearings, see sec. 301.6330-1, Proced. & Admin. Regs., and                                
            respondent’s Internal Revenue Manual sets forth related                                        
            administrative procedures in detail, 4 Administration, Internal                                
            Revenue Manual (CCH), sec. 8.7.2.3. to 8.7.2.3.14.  Petitioner                                 
            fails to specify how such regulations and procedures are                                       
            inadequate or even to acknowledge their existence.  Under the                                  
            circumstances of the instant case, we conclude that petitioner’s                               
            Fifth Amendment right to due process was not violated.  See Rule                               
            142(a).                                                                                        
            C.    Whether Petitioner Submitted a Viable Offer-in-Compromise.                               
                  We understand petitioner to contend further that he                                      
            submitted a viable collection alternative for consideration and                                
            that Settlement Officer O’Shea and Appeals Officer Kaplan did not                              
            balance the need for the efficient collection of taxes with                                    






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