- 7 - any tax shall, upon advance request of such taxpayer, allow the taxpayer to make an audio recording of such interview at the taxpayer’s own expense and with the taxpayer’s own equipment. This Court has held that section 7521 applies to section 6330 face-to-face hearings and a taxpayer providing the IRS with advance notice is allowed to record his face-to-face hearing. Keene v. Commissioner, 121 T.C. 8, 19 (2003). Notably, this Court has held that section 7521 is not applicable to telephonic hearings and a taxpayer is not entitled to record his telephonic hearing. Calafati v. Commissioner, 127 T.C. ___ (2006). Absent a situation controlled by section 7521, as in the instant case, regulations promulgated under section 6330 provide that “A transcript or recording of any face-to-face meeting or conversation between an Appeals officer or employee and the taxpayer or the taxpayer’s representative is not required.” Sec. 301.6330-1(d)(2), Q&A-D6, Proced. & Admin. Regs. “[T]he applicable statutes and regulations do not confer any right to record a telephone conference conducted as part of a collection due process hearing.” Little v. United States, 97 AFTR 2d 2006- 1466 (M.D.N.C. 2005), affd. 178 Fed. Appx. 230 (4th Cir. 2006). This Court does not remand cases to the Commissioner’s Appeals Office merely on account of the lack of a recording when to do so is not necessary and would not be productive. Lunsford v. Commissioner, 117 T.C. 183, 189 (2001); Frey v. Commissioner, T.C. Memo. 2004-87. “A principal scenario falling short of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011