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.
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