Woodrow Reynolds - Page 7

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               B. Analysis                                                            
                    1. Appeals Hearing                                                
               Petitioner argues that he did not receive a proper                     
          collection hearing because his hearing was conducted by a                   
          settlement officer, not an Appeals officer.  While section                  
          6330(c) references “appeals officer”, the remainder of section              
          6330 and corresponding regulations more broadly use the terms               
          “officer” and “employee”.  Section 6330(b)(3) provides that the             
          collection hearing shall be “conducted by an officer or employee            
          who has had no prior involvement with respect to the unpaid tax”.           
          The regulations further explain that “A CDP hearing will be                 
          conducted by an employee or officer of Appeals who * * * has had            
          no involvement with respect to the tax for the tax periods to be            
          covered by the hearing”.  Sec. 301.6330-1(d)(1), Proced. & Admin.           
          Regs.  Accordingly, there is no requirement that the collection             
          hearing be conducted by an Appeals officer; the hearing need only           
          be conducted by an officer or employee of the Appeals Office,               
          which includes a settlement officer.  Rohner v. United States, 91           
          AFTR 2d 2003-2135 (N.D. Ohio 2003).                                         
                    2. Review of Underlying Liability                                 
               Petitioner claims that he received invalid notices of                  
          deficiency and was improperly precluded from challenging the                
          underlying tax liabilities at the collection hearing.  In                   
          particular, petitioner contends that the notices of deficiency              






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