Christine A. Dormer - Page 20

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          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-described                





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