- 13 - upon a hearing officer by section 6330(c)(1) is mandatory. The hearing officer’s obligation to obtain verification that applicable legal and administrative procedures have been met attaches whenever a taxpayer has made a timely request for a hearing. See sec. 6330(b)(1) (“If [a] person requests a hearing under subsection (a)(3)(B), such hearing shall be held by the Internal Revenue Service Office of Appeals.”). When a taxpayer makes a timely request for a section 6330 hearing, the hearing must be offered, and it must be conducted in accordance with section 6330(c). We examine the record to decide whether the hearing officer complied with section 6330(c)(1). In the notice of determination, the Appeals Office refers petitioner to an attached statement which “shows, in detail, the matters we considered at your Appeals hearing and our conclusions about them” and concludes that the “Issuance of the Final Notice and the proposed levy action are fully sustained.” In the attachment to the notice of determination, the hearing officer states that she did not verify whether petitioner received a statutory notice of deficiency for 2000.8 In the hearing officer’s activity record, which was introduced as an exhibit by respondent, the hearing officer made the following entry for June 14, 2005: “Per 8 The Form 4340 for 2000 contains no reference to a notice of deficiency being issued for that year, and the record does not contain a copy of a notice of deficiency for 2000.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007