- 14 - 104, ex parte communications allegedly occurred in which the taxpayer was referred to disparagingly as a tax protester. Because the taxpayer relied solely on underlying frivolous arguments, we refused to remand the case to the Appeals Office, and we entered a decision for respondent. Although petitioner was convicted of tax fraud for earlier years, there is no indication that petitioner herein relies on frivolous arguments. For the reasons stated, we shall remand this case to respondent’s Appeals Office. Respondent’s Appeals Office is to identify and apply an appropriate administrative remedy to avoid prejudice attaching to petitioner as a result of the prohibited ex parte communications that occurred. If respondent determines that the appropriate remedy to offer petitioner is a new CDP hearing with respondent’s Appeals Office, all references to the prohibited ex parte communications that occurred herein are to be deleted from respondent’s administrative file, including any copy of this opinion that itself would inform a new Appeals officer of the prohibited ex parte communications. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011