Hugh D. Summers and Teresa E. Summers - Page 15

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          for 1989, to judgment.  Furthermore, the doctrines of collateral            
          estoppel and res judicata bar petitioners from relitigating this            
          same issue, which was litigated in District Court and the Third             
          Circuit Court of Appeals.  See Commissioner v. Sunnen, 333 U.S.             
          591 (1948); FMC Corp. and Subs v. Commissioner, T.C. Memo. 2001-            
          298.  Accordingly, we hold that petitioners’ underlying tax                 
          liability for 1989 is not properly before us.  We therefore                 
          review respondent’s determination to proceed with the proposed              
          levy for an abuse of discretion.                                            
               Petitioners contend that respondent’s Appeals officer,                 
          abused her discretion by failing to schedule a face-to-face                 
          conference with petitioners.  We disagree.  An in person hearing            
          is not automatically guaranteed by section 6330.  Hearings at the           
          appeals level have historically been informal.  Davis v.                    
          Commissioner, 115 T.C. 35, 41 (2000).  Hearings may be held in              
          person, but they may also be conducted by telephone or by                   
          correspondence.  Katz v. Commissioner, 115 T.C. 329, 337-338                
          (2000); Dorra v. Commissioner, T.C. Memo. 2004-16.  This Court              
          has held that it is not an abuse of discretion if an Appeals                
          officer determines that a face-to-face hearing would not be                 
          productive based on a taxpayer’s frivolous or groundless                    
          arguments.  Lunsford v. Commissioner, 117 T.C. 183, 189 (2001);             
          Kemper v. Commissioner, T.C. Memo. 2003-195.  We have also held             
          that it is not an abuse of discretion to proceed with collection            






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