Scott William Katz - Page 15




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          to Davis v. Commissioner, supra, applicable Treasury regulations,           
          and the historical function of the Appeals Office, petitioner did           
          not have the right to examine witnesses under oath during the               
          Appeals hearing.13  Davis v. Commissioner, supra, undermines                
          petitioner’s argument that he was entitled to an Appeals hearing            
          in West Palm Beach because traveling to Sunrise, Florida, for his           
          Appeals hearing would impose a burden on his witnesses.                     
               On the basis of the entire record and applicable law, we               
          conclude that the Appeals officer has complied with the                     
          requirements of section 6320(b) by providing petitioner an                  
          opportunity for an Appeals hearing.                                         
               Because of petitioner’s insistence on an Appeals hearing in            
          West Palm Beach, Florida, the Appeals officer attempted to                  
          accommodate petitioner by offering to discuss his case over the             
          telephone.  From the record, we conclude that petitioner and the            
          Appeals officer did in fact discuss his case over the telephone             
          and that the Appeals officer heard and considered petitioner’s              
          arguments.  We thus further conclude that, through the                      
          communications between petitioner and the Appeals officer in the            
          instant case, petitioner received an Appeals hearing as provided            
          for in section 6320(b).                                                     


               12(...continued)                                                       
               of perjury. * * *                                                      
               13  Petitioner, however, could have submitted facts in the             
          form of affidavits or declarations under penalties of perjury.              





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