John F. Dalton - Page 7

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          to evaluate and correct the errors in the Forms 4340 that were              
          provided to petitioner during the administrative hearing and                
          provide petitioner a further opportunity to offer collection                
          alternatives.                                                               
               During the remand, petitioner’s case was reassigned (at                
          petitioner’s request) from Officer Clark to Appeals Officer Linda           
          Kramer (Officer Kramer).  On October 12, 2004, Officer Kramer met           
          with petitioner for the purpose of conducting an administrative             
          hearing.  The hearing was terminated, however, when petitioner              
          informed Officer Kramer that he desired to obtain legal counsel.            
          In a letter to Officer Kramer dated October 22, 2004, petitioner            
          stated that he was relying on section 7521(b)(2) and Keene v.               
          Commissioner, 121 T.C. 8 (2003), to argue that the Appeals Office           
          was obliged to terminate his administrative hearing when                    
          petitioner stated that he wished to consult with an attorney.               
               The Appeals Office issued to petitioner a supplemental                 
          determination notice on November 17, 2004.  In the supplemental             
          notice, the Appeals Office concluded that it was appropriate to             
          proceed with the proposed levy for 1998 and 1999.                           
          Respondent filed with the Court a status report on November                 
          23, 2004, describing the various actions that were taken while              
          the matter was on remand.  Respondent filed a Motion for Summary            
          Judgment on November 24, 2004.  Respondent’s motion included as             
          exhibits Forms 4340 for 1998 and 1999, dated September 20, 2004.            






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