Peter D. Dahlin Attorney at Law, P.S. - Page 9




                                        - 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 could                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007