Thomas and Iris Tilley - Page 6




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          matters for the courts.                                                     
               During the telephone conference, Mr. Wilson asked Mr. Tilley           
          if he wanted a face-to-face meeting.  As Mr. Wilson testified: “I           
          asked him at the beginning of the conference whether he wanted a            
          face-to-face meeting.  He said, Not at this time.  And at the end           
          of the conference, I asked him if he had any questions for me,              
          and he did not ask for a person-to-person hearing at that time.”            
          Mr. Wilson also said:  “Well, after I explained that if there               
          were no other issues, I’d be issuing a determination letter, at             
          which time he [Mr. Tilley] indicated it would be fine just to go            
          ahead and send the transcripts with the determination letter                
          instead of separately, or earlier.”                                         
               It is obvious from the record that Mr. Tilley and the                  
          Appeals officer did in fact discuss the case over the telephone             
          and that the Appeals officer heard and considered Mr. Tilley’s              
          arguments.  In Katz v. Commissioner, 115 T.C. 329, 337-338                  
          (2000), this Court held that where the taxpayer and the Appeals             
          officer had a telephone conference about the taxpayer’s                     
          arguments, the taxpayer had received an Appeals hearing as                  
          provided in section 6320(b) in the circumstances of that case.              
               On April 15, 1999, Mr. Wilson received another letter from             
          Mr. Tilley dated March 31, 1999, which was a second request for a           
          hearing.  Mr. Tilley had sent this letter to a revenue officer              
          who forwarded it to Mr. Wilson.  As detailed above, a telephone             






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