- 13 - This Court has cited the above regulatory provisions with approval. See, e.g., Taylor v. Commissioner, supra; Leineweber v. Commissioner, supra; Dorra v. Commissioner, supra; Gougler v. Commissioner, supra. With respect to the instant matter, the record reflects that petitioner was initially offered a face-to-face hearing to be held on December 5, 2003. When, 2 days before the scheduled date, petitioner informed Mr. Tracy that he could not attend the conference, Mr. Tracy offered to reschedule the in-person meeting for the week of December 15, 2003. However, petitioner himself elected to proceed by correspondence and agreed on a December 17, 2003, submission deadline. He then failed to provide any information or materials, although Mr. Tracy continued to wait for a call or facsimile for more than a week beyond the deadline. In these circumstances, petitioner cannot now be permitted to complain that he was improperly deprived of a sufficient conference. He was given a reasonable opportunity for a hearing and failed to avail himself thereof. Accordingly, a determination made on the basis of the existing record, which reflected only frivolous arguments on the part of petitioner, was appropriate here. Respondent’s actions were consistent with the requirements reflected in section 6330 and the attendant regulations and do not provide basis for a remand.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011