- 6 - 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 telephonePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011