- 10 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011