Gerald W. Kozack - Page 7

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          Commissioner, 117 T.C. 183, 189 (2001), the Court declined to               
          remand the case to the Appeals Office for a hearing because the             
          taxpayer could not prevail on any of the issues he had raised in            
          the proceeding.  As a result, we held that it was neither                   
          necessary nor productive to remand the case to the Appeals                  
          Office.  Id.; see Kemper v. Commissioner, T.C. Memo. 2003-195               
          (remand to record face-to-face hearing denied); see also Keene v.           
          Commissioner, 121 T.C. 8, 19-20 (2003).                                     
               The same reasoning applies here.  During the trial,                    
          petitioner stated that his only arguments for overturning                   
          respondent’s determination were those stated in his request for a           
          collection due process hearing and a letter petitioner wrote to             
          the Director of the Internal Revenue Service Center on June 18,             
          2003, challenging the Government’s authority to issue a notice of           
          deficiency to him.  Petitioner cannot prevail on any of those               
          arguments.  His arguments about respondent’s assessment                     
          procedures are frivolous.  We conclude that it is not necessary             
          and would not be productive to remand the case to the Appeals               
          Office to hold a face-to-face hearing.  Thus, respondent may                
          proceed with a levy with respect to petitioner’s 2000 tax year.             










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