James G. Gilligan - Page 10

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          2002-106; Weishan v. Commissioner, T.C. Memo. 2002-88; Lindsey v.           
          Commissioner, T.C. Memo. 2002-87, affd. 456 Fed. Appx. 802 (9th             
          Cir. 2003); Tolotti v. Commissioner, T.C. Memo. 2002-86, affd. 70           
          Fed. Appx. 971 (9th Cir. 2003); Duffield v. Commissioner, T.C.              
          Memo. 2002-53; Kuglin v. Commissioner, T.C. Memo. 2002-51.  The             
          Appeals officer is not required to provide verification to                  
          petitioner at the hearing.  See Nestor v. Commissioner, 118 T.C.            
          162, 167 (2002); see also Holliday v. Commissioner, T.C. Memo.              
          2004-172.                                                                   
               Petitioner argues that the refusal by the Appeals officer to           
          permit petitioner to make an audio recording of the hearing was             
          improper.  Commencing with petitioner’s filing of the Forms                 
          1040NR, petitioner has made statements and requests and advanced            
          contentions and arguments that the Court has found to be                    
          frivolous and/or groundless.  Consequently, even though we held             
          in Keene v. Commissioner, 121 T.C. 8 (2003), that section                   
          7521(a)(1) requires the Appeals Office to allow a taxpayer to               
          make an audio recording of a hearing, we conclude that (1) it is            
          not necessary and will not be productive to remand this case for            
          another hearing in order to allow petitioner to make such an                
          audio recording, see Lunsford v. Commissioner, 117 T.C. 183, 189            
          (2001), and (2) it is not necessary or appropriate to reject                
          respondent’s determination to proceed with the collection action            
          as determined in the notice of determination with respect to                






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