Terry L. Lindsay - Page 13




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            that described his appeal rights and invited him to raise issues,                          
            including the issues referred to in the relevant statutes.  The                            
            Appeals officer encouraged petitioner on multiple occasions to                             
            simply raise the issues he wanted to present, noting that the                              
            hearing was intended to be informal and no formal set of                                   
            procedures governed the hearing.  Petitioner was nonresponsive                             
            and renewed the same argument on numerous occasions throughout                             
            the hearing.  In Davis v. Commissioner, supra at 41-42, we                                 
            emphasized that the hearing process was informal, did not require                          
            testimony under oath, and did not require the compulsory                                   
            attendance of witnesses or the production of documents.  See also                          
            Wylie v. Commissioner, T.C. Memo. 2001-65.  The Appeals officer                            
            did not abuse his discretion in not giving to petitioner a set of                          
            procedures governing the hearing.                                                          
                  Finally, in his response to respondent’s motion for summary                          
            judgment, petitioner suggests that the notice of determination is                          
            invalid because the Appeals Office failed to make a proper and                             
            complete record of the hearing.  However, attached to                                      
            petitioner’s response to respondent’s motion is what petitioner                            
            purports to be a transcription from a cassette tape recording of                           
            the Appeals hearing.  We have considered the contents of this                              
            document.  On the basis of the record, we conclude that the                                
            hearing requirements were met and that our judicial review                                 








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