Joseph Giamelli - Page 21




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          revd. 439 F.3d 455 (8th Cir. 2006).                                         
               Congress enacted section 6330 as a part of remedial                    
          legislation, the Internal Revenue Service Restructuring and                 
          Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685, to ensure               
          taxpayer rights against alleged Internal Revenue Service                    
          mistreatment by affording taxpayers “formal procedures designed             
          to ensure due process where the IRS seeks to collect taxes by               
          levy (including by seizure).”  S. Rept. 105-174, at 67 (1998),              
          1998-3 C.B. 537, 603.  Because I believe that due process in                
          formal judicial actions may need to include the right to call               
          witnesses where that right was not previously afforded and facts            
          are in dispute, I continue to believe that Robinette was                    
          correctly decided.                                                          
               HAINES, J., agrees with this concurring opinion.                       























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