- 36 - Recent cases in the Federal District Courts have treated taxpayers’ requests to tape record CDP Appeals hearings as discretionary with the IRS and have treated taxpayers’ refusals to participate in the CDP Appeals hearings unless they were permitted to tape record these hearings as a waiver of the taxpayers’ right to a face-to-face hearing. See Muhammad v. United States, 91 AFTR 2d 1985, at 1987 (D.S.C. 2003); Henry v. Bronstein, 90 AFTR 2d 7134, at 7135, 2002-2 USTC par. 50,781, at 86,147 (D. Md. 2002). In one recent case, Rennie v. IRS, 216 F. Supp. 2d 1078 (E.D. Cal. 2002), the District Court also noted the mischief taxpayers may create with amateur, uncertified transcripts of Appeals hearings, stating as follows: Also attached to the Complaint is what purports to be a transcript of the Collection Due Process Hearing. The hearing was tape recorded by plaintiff and he has prepared the transcript of it. The transcript is not certified. Moreover, from the court’s research, the Collection Due Process hearings are supposed to be informal and there is not [a] requirement that the hearings be recorded. [Id. at 1079 n.1.] Frivolous Arguments Keene’s frivolous arguments are well documented. In an attachment to Keene’s CDP Appeals hearing request, Keene provides a detailed, single-spaced, multipage explanation of the underlying arguments for his appeal of respondent’s proposed collection action. Keene’s lengthy explanation is full of scripted, frivolous, tax protester arguments. Therein, KeenePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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