- 10 - Commissioner, T.C. Memo. 2004-17; Armstrong v. Commissioner, T.C. Memo. 2002-224. Thus, a face-to-face hearing is not invariably required. Respondent sent three letters to petitioner stating that he would be allowed a face-to-face hearing if he would advise respondent of the relevant issues he wished to discuss. Petitioner responded to two of those letters, but did not raise any relevant issues. Petitioner was also given the opportunity to have a telephone hearing but did not participate. Additionally, petitioner did not submit any documentation to respondent to be considered in an administrative review of his file. Because no hearing had been conducted, we declined to grant respondent’s motion for summary judgment. The record as it then existed did not foreclose the possibility that petitioner might have raised valid arguments had a hearing been held. Accordingly, we provided petitioner an opportunity before the Court to identify any relevant issues he wished to raise that could warrant further consideration of the merits of his case by respondent or this Court. Petitioner, however, failed to offer any relevant issues of merit. In the light of the above and in consideration of petitioner’s frivolous arguments, discussed infra, a face-to-face hearing in this case would not have been, nor would it be,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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