John E. Hunter, II and Alma E. Hunter - Page 18

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               In Gougler v. Commissioner, T.C. Memo. 2002-185, the                   
          taxpayer was issued a notice of intent to levy and requested a              
          face-to-face hearing.  After the taxpayer failed to appear at the           
          scheduled hearing, the Commissioner issued a notice of                      
          determination sustaining the proposed levy action.  In his                  
          petition, the taxpayer argued that he had attempted to contact              
          the Appeals officer about the hearing.  At trial, the only                  
          substantive issue raised by the taxpayer was his entitlement to a           
          refund, which, according to the Government’s records, had been              
          applied to outstanding liabilities for other years.  Id.                    
               In sustaining the Commissioner’s determination, the Court              
          stated:                                                                     
                    There may have been a missed communication between                
               * * * [the taxpayer] and the Appeals officer concerning                
               the scheduled hearing. * * * The Appeals officer’s                     
               determination was based on the materials in * * * [the                 
               taxpayer’s] file and the transcripts of his account.                   
               See sec. 301.6330-(1)(d)(2), Q&A D7, Proced. & Admin.                  
               Regs.  At trial, * * * [the taxpayer] was unable to                    
               identify any materials submitted by him to the Appeals                 
               officer that were not duly considered or that would                    
               have affected the result in this case.                                 
                    Under the circumstances, the absence of a                         
               face-to-face hearing has not affected * * * [the                       
               taxpayer’s] rights.  The case may be decided on the                    
               present record.  See Lunsford v. Commissioner, 117 T.C.                
               183, 189-190 (2001). * * * [Id.]                                       
               Like the taxpayer in Gougler, Mr. Hunter has failed to                 
          identify any materials submitted by him to the settlement officer           
          that were not duly considered or that would have affected the               
          outcome of this case.  Although Mr. Hunter’s May 2005 letter                





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