Robert L. Perkins - Page 21




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          telephone by Settlement Officer Gwenda Dumas".  Nonetheless, even           
          if we assume, without deciding, that Mr. Gukich participated in             
          the conduct of petitioner's hearing, it would not be grounds for            
          a remand in this case, because the arguments that petitioner has            
          raised against the collection action are all frivolous and                  
          groundless.  Thus, we conclude that, even if Mr. Gukich's                   
          apparently supervisory role in issuing the notice of                        
          determination were considered "conduct" of the hearing for                  
          purposes of section 6330(b)(3), such participation by Mr. Gukich            
          could not have affected the outcome of the section 6330 hearing             
          and was therefore harmless error.                                           
          IV. Conclusion                                                              
               Petitioner raised no other issues.  Because we find that the           
          Appeals employees' refusal to allow petitioner to challenge the             
          underlying tax liability and Mr. Gukich's possible participation            
          in the conduct of the hearing after prior involvement would                 
          constitute harmless error, we conclude that neither requires that           
          this case be remanded to Appeals for a further hearing; it would            
          not be "necessary or productive" to do so.  See Lunsford v.                 
          Commissioner, 117 T.C. 183, 189 (2001).  Instead, we shall                  














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