John Huntz Leineweber - Page 9

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          Appeals officer decided to set a date, petitioner refused to                
          confirm that date and, again, did not offer an alternative date.            
               The Appeals officer mailed, and petitioner received,                   
          written notice that a hearing was scheduled for September 5,                
          2001.  The notice informed petitioner that if he did not attend             
          the hearing, the hearing would proceed without him.  Accordingly,           
          the determination would be based on information in the                      
          administrative file.  After receiving this letter, petitioner did           
          not attempt to contact the Appeals officer or reschedule the                
          hearing.                                                                    
               Instead, petitioner wrote a letter to the Taxpayer Advocate            
          relating a history of his contacts with the Internal Revenue                
          Service.  Toward the end of the letter petitioner mentioned that            
          he had a full schedule until September 17, 2001, but did not                
          propose an alternate date or time to meet.  Petitioner sent a               
          copy of this letter to the Appeals officer; however it did not              
          reach the Appeals officer until after the time of the scheduled             
          hearing.                                                                    
               In determining whether petitioner received an opportunity              
          for a hearing, the Administrative and Procedural Regulations are            
          instructive.  They provide:                                                 
                    Q-D7.  If a taxpayer wants a face-to-face CDP                     
               hearing, where will it be held?                                        
                    A-D7.  The taxpayer must be offered an                            
                    opportunity for a hearing at the Appeals                          
                    office closest to taxpayer’s residence, * *                       





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