Thomasita Taylor - Page 6

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               that case had refused to proceed when denied the                       
               opportunity to record, and we remanded the case to                     
               allow a recorded Appeals hearing.  Id.  In contrast, we                
               have distinguished, and declined to remand, cases where                
               the administrative proceedings took place prior to our                 
               opinion in Keene v. Commissioner, supra; where the                     
               taxpayer had participated in an Appeals Office hearing,                
               albeit unrecorded; and where all issues raised by the                  
               taxpayer could be properly decided from the existing                   
               record.  E.g., id. at 19, 20; Frey v. Commissioner,                    
               T.C. Memo. 2004-87; Durrenberger v. Commissioner, T.C.                 
               Memo. 2004-44; Brashear v. Commissioner, T.C. Memo.                    
               2003-196; Kemper v. Commissioner, T.C. Memo. 2003-195.                 
                    The circumstances of the instant case are closely                 
               analogous to those in Keene v. Commissioner, supra, and                
               diverge from those where it was determined that remand                 
               was not necessary and would not be productive.                         
               Critically, the final letter denying recording was sent                
               on July 21, 2003, the aborted hearing was held on July                 
               24, 2003, and the notice of determination was issued on                
               July 31, 2003.  Although these dates are subsequent to                 
               the opinion in Keene v. Commissioner, supra, petitioner                
               was not afforded an opportunity for a recorded                         
               conference.  Further, because the requested face-to-                   
               face hearing was not held, there still exists a                        
               possibility that petitioner might have raised one or                   
               more nonfrivolous issues if the meeting had proceeded.                 
                    In this situation, the Court will not accept                      
               respondent’s invitation to characterize the failure to                 
               allow recording as harmless error.  Hence, the Court                   
               will deny respondent’s motion for summary judgment at                  
               this time.  As in Keene v. Commissioner, supra at 19,                  
               however, we admonish petitioner that if she persists in                
               making frivolous and groundless tax protester arguments                
               in any further proceedings with respect to this case,                  
               rather than raising relevant issues, as specified in                   
               section 6330(c)(2), the Court may consider granting a                  
               future motion for summary judgment.  In such an                        
               instance, the Court would also be in a position to                     
               impose a penalty under section 6673(a)(1).                             
               The following day, October 5, 2004, the Court received from            
          petitioner her response to respondent’s motion.  Therein,                   
          petitioner principally reiterated her contentions that, on                  





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