- 9 - However, this Court has held that once a taxpayer has been given a reasonable opportunity for a hearing but has failed to avail himself of that opportunity, then the Commissioner may make a determination to proceed with collection based upon a review of the case file. See Lunsford v. Commissioner, 117 T.C. 183, 189- 190 (2001); Carrillo v. Commissioner, T.C. Memo. 2005-290. “Thus, a face-to-face meeting is not invariably required.” Carrillo v. Commissioner, supra; see Wright v. Commissioner, T.C. Memo. 2005-291; Gougler v. Commissioner, T.C. Memo. 2002-185. In the instant case, Ms. Derrick provided petitioner an opportunity to have a face-to-face hearing, provided that petitioner submitted a written explanation of the relevant issues to be discussed, Form 433-B, and other relevant documentation. Petitioner’s written explanation failed to raise any issues relevant to the underlying 2000 Federal corporate income tax liability or the collection of that tax liability, providing only that “the legitimate issues we wish to discuss are delay and issues of mishandling of this matter”. Petitioner failed to submit Form 433-B and the other requested documentation. The Court concludes that petitioner was afforded a reasonable opportunity for a face-to-face hearing but failed to avail itself of that opportunity. At trial, petitioner was afforded an opportunity to identify any legitimate issues it wished to raise that couldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007