Louis P. Mitchell - Page 4

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               Petitioner did not respond to respondent’s initial letter by           
          the July 23, 2004, stated deadline.                                         
               On July 27, 2004, petitioner mailed a letter to respondent’s           
          Appeals officer in which petitioner again refused to identify               
          specific issues,2 and in which petitioner reiterated his intent             
          to tape record the hearing.  In his letter, petitioner                      
          erroneously claimed that, if he identified specific issues prior            
          to the hearing, he somehow would be precluded from adding to                
          those issues at the hearing.                                                
               On July 29, 2004, and on August 2, 2004, the Appeals officer           
          attempted to contact petitioner by telephone.  On both dates, no            
          one answered at the phone number petitioner had provided.                   
               Later on August 2, 2004, the Appeals officer mailed another            
          letter to petitioner (final letter) in which the Appeals officer            
          noted that petitioner had not yet identified specific issues, and           
          the Appeals officer again requested that petitioner identify                
          specific issues to be considered at a face-to-face hearing.  The            
          final letter also set an August 12, 2004, deadline for petitioner           
          to identify specific issues or the Appeals officer would decide             
          petitioner’s appeal based solely on information already in the              
          administrative file.                                                        

               2Petitioner now contends that he did not receive                       
          respondent’s notice of deficiency relating to 2000 and therefore            
          that, at the Appeals Office hearing, he should have been entitled           
          to challenge the underlying tax liability.  Petitioner, however,            
          did not raise the issue of receipt of respondent’s notice of                
          deficiency in his communications with the Appeals Office.                   




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