Legal Opinion

Drake v. Comm'r

United States Tax Court

Decided October 12, 2005No. 20454-03LPublished

Prior to a scheduled sec. 6330, I.R.C., hearing with P, R's settlement officer received a memorandum from R's insolvency unit advisor that questioned the credibility and motives of P's counsel in a prior court proceeding. P was not provided an opportunity to participate in the ex parte communication.

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Prior to a scheduled sec. 6330, I.R.C., hearing with P, R's settlement officer received a memorandum from R's insolvency unit advisor that questioned the credibility and motives of P's counsel in a prior court proceeding. P was not provided an opportunity to participate in the ex parte communication. Held: The memorandum constitutes a prohibited ex parte communication pursuant to Rev. Proc. 2000-43, 2000-2 C.B. 404, and therefore the instant case will be remanded to R's Appeals Office for a new hearing.

1Opinion of the Court

GREGORY DRAKE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Drake v. Comm'r

No. 20454-03L

United States Tax Court

125 T.C. 201; 2005 U.S. Tax Ct. LEXIS 29; 125 T.C. No. 9;

October 12, 2005, Filed

Drake v. Commissioner, 123 T.C. 320, 2004 U.S. Tax Ct. LEXIS 49 (2004)

Prior to a scheduled sec. 6330, I.R.C., hearing with P, R's

settlement officer received a memorandum from R's insolvency

unit advisor that questioned the credibility and motives of P's

counsel in a prior court proceeding. P was not provided an

opportunity to participate in the ex parte communication.

Held: The memorandum…

2Cases cited4 opinions

  1. Goza v. CommissionerUnited States Tax Court · 2000
  2. Sego v. CommissionerUnited States Tax Court · 2000
  3. Drake v. Comm'rUnited States Tax Court · 2004
  4. Drake v. Comm'rUnited States Tax Court · 2005

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