David A. Brown - Page 5

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          reports that on August 10, 2004, respondent issued a Supplemental           
          Notice of Determination Concerning Collection Action(s) under               
          Section 6330 Issued July 28, 2004 (Supplemental Notice) in which            
          Settlement Officer Elissa Sharp considered the issue whether                
          petitioner made a payment pursuant to respondent’s                          
          representative’s instructions and also determined that petitioner           
          has no cause for abatement of interest for 1996.  Respondent                
          attached a copy of the Supplemental Notice.                                 
               In the Supplemental Notice, respondent’s Appeals Team                  
          Manager, Robert A. Rosenblatt, and Settlement Officer, Elissa               
          Sharp (hereafter collectively referred to as the settlement                 
          officer), report that after delays and at least one cancelled               
          appointment petitioner appeared for the hearing conducted in the            
          presence of Mr. Rosenblatt and Ms. Sharp on July 28, 2004.  The             
          Supplemental Notice states that at the hearing petitioner stated            
          that he had paid the amount Ms. Ogle told him to pay.  When asked           
          to present written substantiation of this claim, petitioner                 
          presented a copy of Form 12153, Request for a Collection Due                
          Process Hearing, requesting the initial hearing, a photocopy of             
          an allegedly faxed letter requesting assistance from a Bonnie               
          Fuentes, whose position in this matter is unexplained, a letter             
          from Ms. Ogle dated October 6, 1999, requesting a revised                   
          Schedule D, Capital Gains and Losses, reporting all petitioner’s            
          wife’s stock sales, and a photocopy of a handwritten letter                 






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