Louis P. Mitchell - Page 5

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               Petitioner did not reply either by writing, as requested, or           
          by telephone, to the Appeals officer’s final letter.                        
               On September 1, 2004, the Appeals officer reviewed                     
          petitioner’s administrative file, concluded that the proposed               
          levy was appropriate, and mailed to petitioner a notice of                  
          determination sustaining respondent’s levy notice.                          
               On a motion for summary judgment, we decide whether there is           
          a genuine issue as to any material fact.  Rule 121(b).  Reviewing           
          the facts in the light most favorable to the nonmoving party,               
          Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985), we decide               
          whether the moving party has shown that:  (1) There is no genuine           
          issue of material fact, Craig v. Commissioner, 119 T.C. 252, 260            
          (2002); and (2) the moving party is entitled to a favorable                 
          judgment according to controlling legal principles, Espinoza v.             
          Commissioner, 78 T.C. 412, 416 (1982).                                      
               Where the underlying tax liability is not in dispute, abuse            
          of discretion is the standard of review in Appeals Office hearing           
          cases.  Lunsford v. Commissioner, 117 T.C. 183, 185 (2001).                 
               Upon proper and timely request, section 6330 requires                  
          respondent to provide taxpayers with an Appeals Office hearing              
          relating to a notice of proposed levy.  Sec. 6330(b)(1).                    
               We have consistently held that a face-to-face hearing is not           
          invariably required:  Where a taxpayer’s rights are not affected            
          by the absence of a face-to-face hearing, Gougler v.                        
          Commissioner, T.C. Memo. 2002-185; where a taxpayer fails to                




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