Christine Whiting - Page 8

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          Appeals officer “did in fact discuss his case over the telephone            
          and that the Appeals officer heard and considered * * * [the                
          taxpayer’s] arguments.”  Id. at 337-338; see also sec. 301.6330-            
          1(d)(2), Q&A-D6, Proced. & Admin. Regs.                                     
               In the present case, petitioner has not established that               
          respondent abused his discretion in determining that the two                
          telephone conversations between Mr. Taggart and Appeals Officer             
          Melick constituted a section 6330 hearing.  Petitioner offered no           
          evidence with respect to the content of the two telephone                   
          conversations.5  Without such evidence, we have no basis upon               
          which to conclude that respondent improperly characterized the              
          two telephone conversations as a section 6330 hearing.6                     
               Petitioner bases her arguments in this case solely on her              
          belief that she was not afforded the hearing that section 6330              
          requires.  Petitioner does not address what may be the critical             
          element of respondent’s determination.  Respondent determined               
          that “an offer in compromise or other alternative to collection             


               5In this fully stipulated case, the parties did not                    
          stipulate regarding the content of the two telephone                        
          conversations.  Although both parties argued on brief regarding             
          the circumstances of the two telephone conversations, and                   
          respondent argued that the parties “discussed the substance of              
          petitioner’s case”, the parties did not provide the Court with              
          any evidence.                                                               
               6The record in this case is silent regarding the                       
          circumstances surrounding the two telephone calls, and we cannot            
          conclude that respondent abused his discretion regarding the                
          determination that a hearing was held without some proof to the             
          contrary.                                                                   





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