Industrial Investors - Page 7




                                        - 7 -                                         
          19, 23 (1999).  Acting without a sound basis in fact or law means           
          that an agency such as the IRS “makes an error of law * * * or              
          rests its determination on a clearly erroneous finding of fact              
          * * * [or] applies the correct law to facts which are not clearly           
          erroneous but rules in an irrational manner.”  United States v.             
          Sherburne, 249 F.3d 1121, 1125-26 (9th Cir. 2001); see also                 
          Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 402-03 (1990).               
               Industrial serves up a gallimaufry of arguments that the               
          Commissioner abused his discretion, but we focus on four:  (1)              
          the cover letter sent to Talbott was an impermissible ex parte              
          communication; (2) Industrial was denied a face-to-face hearing             
          in a location close to its place of business; (3) Talbott                   
          unilaterally scheduled a date and time for the CDP hearing                  
          without consulting Industrial; and (4) Talbott ignored evidence             
          of the agreement settling Industrial’s deficiency case while it             
          was on appeal.  Industrial also requests an award of litigation             
          costs under section 7430.                                                   
          1.   Ex Parte Communication                                                 
               Section 6330 sets out the process for administrative review            
          of decisions by the IRS to levy taxpayers’ property.  One of the            
          protections that section gives taxpayers is a promise that the              
          hearing will be conducted by an IRS employee who is impartial.              
          Sec. 6330(b)(3).  Congress reinforced this requirement by                   
          directing the Commissioner to reorganize the IRS so that the                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007