- 5 - 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 responsePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011