Randal W. Howard - Page 10

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          administrative hearing (the recording issue).  In response to               
          petitioner's Declaration, counsel for respondent asserted that              
          petitioner failed to inform the Appeals Office in advance of the            
          administrative hearing that he intended to make an audio                    
          recording7 and that petitioner failed to raise the recording                
          issue in his petition.                                                      
               Petitioner countered that the Court's holding in Keene v.              
          Commissioner, 121 T.C. 8, 19-20 (2003), controls with regard to             
          the recording issue and the matter should be remanded to the                
          Appeals Office for further proceedings.  Petitioner also asserted           
          that the Court should reject respondent's argument that                     
          petitioner's tax liabilities were not discharged by the                     
          bankruptcy court on the ground that respondent failed to prove              
          that petitioner did not file tax returns for the years in issue.            
          At the close of the hearing, the Court took the motion under                
          advisement and indicated to the parties that if the motion for              
          summary judgment were not granted the case would be rescheduled             
          for a later trial.                                                          
               Following the hearing, on March 10, 2005, respondent filed             
          with the Court a motion to permit levy pursuant to section                  
          6330(e)(2).                                                                 

               7  See sec. 7521(a), which provides that an officer or                 
          employee of the Internal Revenue Service “shall, upon advance               
          request of such taxpayer, allow the taxpayer to make an audio               
          recording of * * * [an in-person] interview at the taxpayer’s own           
          expense and with the taxpayer’s own equipment.”                             





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