Leonard O. Parker, Jr. - Page 5

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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                    
               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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