- 12 - 2. Hearing Location Although that error is enough to force a remand, Industrial also argues for a remand to an IRS office less than two time zones away. It claims that the Commissioner also abused his discretion in deciding to hold the CDP hearing in Oklahoma City instead of somewhere closer to Santa Monica, where Industrial has its principal place of business. The applicable regulation is clear that a face-to-face CDP hearing is not required by the Code. Sec. 301.6330-1(d)(2), Q&A-D6, Proced. & Admin. Regs. We also agreed in Katz v. Commissioner, 115 T.C. 329, 337-38 (2000), that a CDP hearing via telephone satisfies the Code’s requirements when it is an honest attempt to accommodate a taxpayer’s preference. But the regulation does command the Commissioner, if a taxpayer wants a face-to-face hearing, to offer him “a hearing at the Appeals office closest to * * * [his] principal place of business.” Sec. 301.6330-1(d)(2), Q&A-D7, Proced. & Admin. Regs.5 4(...continued) particular issue, we can leave any analysis of a different approach to another day. At least until then, we must continue to follow our decision in Drake. 5 Section 301.6330-1, Proced. & Admin. Regs., has since been changed to enable the IRS in some situations to avoid having to schedule face-to-face hearings at the closest Appeals Office. See T.D. 9291, 2006-46 I.R.B. 887. However, those changes do not apply to this case.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007