Leonard O. Parker, Jr. - Page 8

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          2.   Whether Respondent Was Required To Offer a Hearing in                  
               Respondent’s Appeals Office Closest to Petitioner’s                    
               Residence                                                              
               Respondent contends that, in the Form 12153, petitioner did            
          not request a hearing at one of respondent’s Appeals Offices.  We           
          disagree.  The fact that Magee offered petitioner an opportunity            
          for a conference at one of respondent’s Appeals Offices suggests            
          that respondent believed (as did petitioner) that petitioner had            
          requested a hearing at respondent’s Appeals Office.  If we                  
          sustain respondent’s contention that a request for a hearing on             
          Form 12153 is not a request for a hearing at an Appeals Office,             
          Form 12153 would become a trap for the unwary because there is              
          nothing on Form 12153 informing taxpayers of their right under              
          section 6320 and the accompanying regulations to request a                  
          hearing at an Appeals Office.                                               
               Respondent contends that respondent is not required to                 
          provide a hearing at one of respondent’s Appeals Offices.                   
          Respondent cites section 301.6320-1(d)(2), Q&A-D6, Proced. &                
          Admin. Regs.4  Respondent, however, overlooks section 301.6320-             

               4  Sec. 301.6320-1(d)(2), Q&A-D6, Proced. & Admin. Regs.,              
          provides:                                                                   
               CDP hearings are * * * informal in nature and do not                   
               require the Appeals officer or employee and the                        
               taxpayer, or the taxpayer’s representative, to hold a                  
               face-to-face meeting.  A CDP hearing may, but is not                   
               required to, consist of a face-to-face meeting, one or                 
               more written or oral communications between an Appeals                 
               officer or employee and the taxpayer or the taxpayer's                 
                                                             (continued...)           





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