- 10 - In the proposed second amended petition lodged with the Court, petitioner alleges: (1) Respondent failed to unconditionally offer petitioner a face-to-face CDP hearing near petitioner’s residence; (2) respondent denied petitioner the right to audio record “any in-person interview”; (3) respondent failed to verify that all applicable law or administrative procedure was met; (4) respondent’s denial to conduct the face- to-face CDP hearing “prevented petitioner from offering certain valid collection alternatives, such as the posting of a bond and the substitution of other assets”; (5) respondent denied petitioner the right to challenge the underlying tax liability, specifically, the addition to tax under section 6651(a)(3) and accrued interest under section 6601;8 (6) respondent failed to balance the need for efficient collection of taxes with the legitimate concern that any collection action be no more intrusive than necessary; and (7) the Appeals officer was biased. By Order dated October 12, 2005, the Court calendared respondent’s motion for summary judgment, petitioner’s motion to remove small tax case designation, and petitioner’s motion for leave to file second amended petition for hearing at the Court’s trial session in Los Angeles, California, on October 31, 2005. 8 See supra note 5.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