- 8 - Mr. Poppo argues that because there was no face-to-face meeting, there was no “hearing” as that term is commonly understood. First, Mr. Poppo has not presented any evidence to suggest that he requested an in-person hearing during the Appeals process. Moreover, a face-to-face hearing is not a prerequisite for Appeals consideration. Conferences with Appeals are informal. Sec. 601.106(c), Statement of Procedural Rules. The correspondence and telephone conversations between Mr. Poppo and the Appeals officer are sufficient to constitute a conference with Appeals. Mr. Poppo also argues that he could not have received Appeals consideration because the letter denying relief demonstrates that the Appeals officer misunderstood one of Mr. Poppo’s arguments for abatement. The Appeals officer denied the request for abatement, in part, because Mr. Poppo did not provide any information to support his suggestion that he had filed the estate’s return and paid the taxes due timely. Mr. Poppo argues, however, that he had never suggested to the Appeals officer that he actually filed the return on time, only that he was under the mistaken belief that he had filed the return. While this evidence may suggest that the Appeals officer did not correctly understand Mr. Poppo’s argument, it does not suggest that the officer did not consider Mr. Poppo’s arguments. Mr. Poppo has not presented any evidence to create a question of fact ofPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007