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Appeals Officer Suzanne L. Magee (Magee) sent a letter dated
March 19, 2002, to petitioner’s New Orleans address, informing
petitioner that she had scheduled a conference on March 27, 2002
(i.e., 8 days after she sent the letter), in respondent’s
Jackson, Mississippi, Appeals Office. Jackson, Mississippi, is
about 180 miles from New Orleans. Magee wrote in part:
I have scheduled the conference you requested on this
case for the date and time shown above. Please let me
know within 5 days from the date of this letter whether
this is convenient. If you wish to discuss this by
telephone rather than coming to my office, please
notify me at the above number.
Our meeting will be informal and you may present facts,
arguments, and legal authority to support your
position. If you plan to present or discuss new
material, please send me copies at least five days
before our meeting. You should prepare statements of
fact as affidavits, or sign them under penalties of
perjury.
Assuming normal time for mail delivery, Magee’s schedule
gave petitioner little or no time to submit materials. Magee
requested that petitioner provide any documents to be considered
at the hearing in Jackson not later than 3 days after the date
Magee sent the letter. Magee did not tell petitioner (nor did
petitioner realize) that the proposed conference was the hearing
under section 6320(b) petitioner had requested when he submitted
the Form 12153.
Petitioner received Magee’s March 19, 2002, letter on March
25, 2002, 2 days before the date Magee had chosen for the
conference. Also on March 25, 2002, petitioner faxed a response
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Last modified: May 25, 2011