Ariel J. Dorra - Page 5

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          file the lien and proceed with collection.  See Davis v.                    
          Commissioner, 115 T.C. 35, 37 (2000).                                       
               Under section 6320(b), if a taxpayer “requests a hearing               
          under subsection (a)(3)(B) [of section 6320], such hearing shall            
          be held by the Internal Revenue Service Office of Appeals.”  We             
          have decided that, under appropriate circumstances, the hearing             
          envisioned in sections 6320(b) and 6330(b) may be conducted                 
          telephonically.  See Katz v. Commissioner, 115 T.C. 329, 334-339            
          (2000).  In that case we concluded that the Appeals officer heard           
          and considered all of petitioner’s arguments during a telephone             
          conference.  Id. at 337-338.                                                
               In this case, we also conclude that the Appeals officer                
          heard and considered all of petitioner’s arguments.  In his                 
          response to respondent’s motion, petitioner stated that, if given           
          another hearing, there is nothing more that he would argue to the           
          Appeals officer.  Petitioner and his representative communicated            
          in writing and by telephone with respondent’s Appeals officer.              
          In spite of this, petitioner contends that there was no “hearing”           
          within the meaning of the statute.  This contention is also                 
          contrary to the regulations under section 301.6320-1(d)(2) A-D6             
          of the Procedural and Administrative Regs., which provide that              
               CDP hearings * * * are informal in nature and do not                   
               require the Appeals officer or employee and the                        
               taxpayer, or the taxpayer’s representative, to hold a                  
               face-to-face meeting.  A CDP hearing may, but is not                   
               required to, consist of a face-to-face meeting, one or                 
               more written or oral communications between an Appeals                 





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