- 20 - one of the issues before her at the collection hearing. For instance, when questioned at trial regarding the letter that accompanied petitioner’s $4,244.75 check and requested the marking of petitioner’s account “to reflect payment and resolution of this matter”, Ms. Hornstein explained: A * * * As far as I’m concerned, payment of the tax is resolution. The interest is calculated as of the date payment is made and it’s done by the Service Center, not by the appeals office. Q I’m sorry. One more time. As far as you were concerned, receipt of the check resolved the matter-- A Result [sic] of the check resolved the tax matter and I do not--as far as I’m concerned, it closed my case and it was then closed out of the appeals office to go to the Service Center for the computation of the interest up until the date that it was paid. Hence, Ms. Hornstein explained that her references in conversations with Mr. Patel to the $4,244.75 were to the amount of “the tax”; i.e., the income tax liability reflected in transcripts of petitioner’s account for 1998. Accordingly, while Mr. Patel and/or petitioner may have had a different understanding of the meaning of “tax”, the evidence does not show that Ms. Hornstein at any time affirmatively misrepresented that $4,244.75 was a “final payoff figure” in the sense intended by Mr. Patel. It is also noteworthy that each letter from petitioner that used language such as “resolved” or “resolution” in reference to petitioner’s case was followed by one of the above-describedPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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