Robert Newstat - Page 29

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          of petitioner in connection with income taxes for 1985, 1999, and           
          2000.  That year was also included by reference to the taxable              
          years 1980 through 2001 specified in the power of attorney                  
          submitted by Mr. Lynch on June 11, 2002.  These documents fall              
          short of establishing an understanding that 1999 was presently              
          before Ms. Carter and that any upcoming meeting would pertain to            
          1999.  Any such implications are further weakened by the fact               
          that no evidence indicates that the years 1980, 1981, 1984, 1987,           
          2000, and 2001, likewise listed on one or both of the Forms 2848,           
          were the subject of any collection proceeding.                              
               Given the overall state of the record, the Court cannot                
          conclude from the evidence that either petitioner or Mr. Lynch              
          was aware that Ms. Carter was simultaneously handling the 1985              
          and 1999 years and that communications during the spring of 2002            
          and the June 26, 2002, conference were to represent petitioner’s            
          opportunity to be heard with respect to his 1999 year.  In these            
          circumstances, the Court holds that petitioner has not been                 
          afforded a hearing within the meaning of section 6330 for the               
          1999 year.                                                                  
               The foregoing conclusion does not, however, end the inquiry.           
          As this Court has indicated, remand to Appeals, even in cases               
          where a proper section 6330 hearing was not held, is appropriate            
          only when “necessary or productive”.  Lunsford v. Commissioner,             
          117 T.C. 183, 189 (2001); see, e.g., Harrell v. Commissioner,               






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