Cheryl D. Flathers - Page 10




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               I am in receipt of your letter of May 3, 2002, in which                
               you attempt to deny me the right to record my hearing                  
               under IRC section 7521.                                                
                  *       *       *       *       *       *       *                   
               Who made this “recent decision”, where is the documen-                 
               tation?  Where is the proof of legislative mandate                     
               providing authority to make this change?  Furthermore,                 
               under whose authority is my Constitutional right to                    
               preserve testimony for myself being truncated?  After                  
               all, I require an accurate record of who said what and                 
               when.                                                                  
               The code quoted [section 7521] deals with “Procedures                  
               involving taxpayer interviews”.  Are you then stating,                 
               by quoting this code section, that you are only con-                   
               ducting an “interview” and not a “hearing” as is my                    
               right under the law?  You are labeled as a “settlement                 
               officer”, not an “appeals officer”.  If you are unable                 
               to show authority as an appeals officer, then I require                
               that you provide an appeals officer at the hearing who                 
               has the authority to impartially decide the issues at                  
               hand.  If this is an “interview” which is conducted by                 
               exam and audit and for which the code you quote would                  
               be correct, then I am not receiving a hearing.  If you                 
               claim this is a hearing, then an appeals officer, with                 
               appropriate identification will need to be present to                  
               conduct a true hearing, and the code you quote does not                
               apply.                                                                 
               On May 13, 2002, in response to petitioner’s May 7, 2002               
          letter, respondent’s settlement officer sent petitioner a letter            
          (settlement officer’s May 13, 2002 letter).  That letter stated             
          in pertinent part:                                                          
               I am in receipt of your letter dated May 7, 2002 re-                   
               garding the change in procedures for the audio record-                 
               ing or stenographic recording of Appeals hearings.  I                  
               am enclosing a copy of the memorandum dated May 2, 2002                
               per your request for documentation of this change.                     
               This will be a “hearing” and as a settlement officer I                 
               have the same authority as an appeals officer to impar-                
               tially decide the issues at hand, as you stated in your                





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