COX v. C.I.R.

No. 06-9004.

514 F.3d 1119 (2008)

Louis A. COX; Christine Cox, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 30, 2008.


Attorney(s) appearing for the Case

Kevin Planegger (Ted H. Merriam with him on the briefs), of Merriam Law Firm, P.C., Denver, CO, for Petitioners-Appellants.

Karen Gregory, Attorney (Eileen J. O'Connor, Assistant Attorney General; Andrea R. Tebbets, Attorney, on the brief), Tax Division, Department of Justice, Washington, DC, for Respondent-Appellee.

Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.


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...

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