- 10 - Hearings conducted under section 6330 are informal proceedings, not formal adjudications. Katz v. Commissioner, 115 T.C. 329, 337 (2000); Davis v. Commissioner, 115 T.C. 35, 41 (2000); Ho v. Commissioner, T.C. Memo. 2006-41. Taxpayers are generally entitled to a face-to-face hearing at the Appeals Office nearest their residence. Sec. 301.6320-1(d)(2), Q&A-D6 and D7, Proced. & Admin. Regs. Where the taxpayer declines to participate in a proffered face-to-face hearing, hearings may be conducted by telephone or correspondence. Katz v. Commissioner, supra at 337-338; Ho v. Commissioner, supra; sec. 301.6320- 1(d)(2), Q&A-D6 and D7, Proced. & Admin. Regs. The Court of Appeals for the Fifth Circuit, to which an appeal in this case would lie, has held that a face-to-face hearing is not required where the taxpayer’s proffered arguments are frivolous. Burnett v. Commissioner, No. 06-60908 (5th Cir., Apr. 12, 2007). Furthermore, once the taxpayer has been given reasonable opportunity for a hearing but has failed to avail himself of that opportunity, we have approved the making of a determination to proceed with collection on the basis of the Commissioner’s review of the case file; i.e, in the absence of any hearing. See, e.g., Ho v. Commissioner, supra; Taylor v. Commissioner, T.C. Memo. 2004-25, affd. 130 Fed. Appx. 934 (9th Cir. 2005); Leineweber v. Commissioner, T.C. Memo. 2004-17; Armstrong v. Commissioner, T.C. Memo. 2002-224.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007