Joseph Giamelli - Page 33




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               VASQUEZ, J., dissenting:  As pointed out by Judge Swift, in            
          Davis v. Commissioner, 115 T.C. 35, 41-42 (2000), we created the            
          informal setting and procedures for section 6330 hearings.                  
          Subsequent jurisprudence has rendered the holding of Davis                  
          obsolete and has eviscerated the Court’s section 6330 review                
          function.  The current state of section 6330 jurisprudence leaves           
          us with two equally unpalatable choices:  (1) Overrule Davis and            
          require the IRS to conduct more formal hearings in order to                 
          create a record sufficient for the Court to fulfill our review              
          function, or (2) steadily become more handcuffed and less able to           
          meaningfully review section 6330 cases.  I believe either of                
          these eventualities is contrary to the purpose of section 6330.             
               After a year of intensive work, 12 days of public hearings,            
          three field hearings, and hundreds of hours in private sessions             
          with public and private sector experts, academics, and citizens’            
          groups, the Report of the National Commission on Restructuring              
          the Internal Revenue Service:  A Vision for a New IRS (IRS                  
          Restructuring Report), at v-vi, 43, 67 (1997), concluded that the           
          IRS needed to be more accountable, and that a significant part of           
          improving the system would be taxpayers’ ability to seek redress            
          or review of IRS actions in the courts expeditiously.  The IRS              
          Restructuring Report was the foundation for the Internal Revenue            










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