Legal Opinion

Cox v. Commissioner

Court of Appeals for the Tenth Circuit

Decided January 30, 2008No. 06-9004PublishedCited by 34 opinions

1Opinion of the Court

PAUL J. KELLY, JR., Circuit Judge.

This appeal considers whether an Internal Revenue Service (“IRS”) appeals officer was disqualified by statute, I.R.C. § 6330(b)(3), from conducting a Collection Due Process (“CDP”) hearing regarding the taxpayers’ 2001 and 2002 tax liabilities, when he had previously considered those liabilities during a CDP hearing involving a prior year’s (2000) tax liability.1 Exercising jurisdiction under I.R.C. § 7482(a)(1), we reverse the tax court’s decision which held that. disqualification was unnecessary.

Background

After receiving from the IRS a “Final Notice-Notice…

2Cases cited13 opinions

  1. Withrow v. LarkinSupreme Court of the United States · 1975
  2. United States v. CartwrightSupreme Court of the United States · 1973
  3. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979
  4. McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
  5. United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982

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3Cited by34 opinions

  1. Esgar Corp. v. CommissionerCourt of Appeals for the Tenth Circuit · 2014
  2. Lewis v. CommissionerCourt of Appeals for the Tenth Circuit · 2008
  3. Cavazos v. Comm'rUnited States Tax Court · 2008
  4. Cleveland v. CommissionerCourt of Appeals for the Seventh Circuit · 2010
  5. Klaas v. CommissionerCourt of Appeals for the Ninth Circuit · 2010

29 more not listed; retrieve them via the Exa API.

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