Industrial Investors - Page 5




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          looming, July 8 was now just four business days away.                       
               On July 8, without checking with Wells to see whether he was           
          available, Talbott set the hearing for Monday, July 19 at 8:00              
          a.m. PST, specifying that it would be by telephone.2  Wells                 
          received this letter on July 14--almost a week later--and                   
          immediately responded with another of his own.  He explained that           
          he was unavailable on July 19 because he was under subpoena for a           
          trial in California State court beginning that very day.  Wells             
          again complained about the short notice and his inability to                
          provide the requested documents in time.  He also mentioned the             
          appeal to the Ninth Circuit and the subsequent settlement, and              
          wrote that he was attempting to obtain a copy of the settlement             
          agreement for Talbott.                                                      
               Talbott did not receive Wells’s letter by the morning of               
          July 19, so he called Wells to begin the CDP hearing promptly at            
          8:00 a.m. Pacific time and left a voicemail message.  Wells                 
          called Talbott back as soon as he got the message, and ended up             
          leaving a voicemail of his own, again requesting additional time.           
          But Talbott had already drafted a notice of determination                   
          sustaining the notice of intent to levy, and he didn’t change his           

               2 Wells makes much of California’s observance of daylight              
          saving time, arguing that there could be some confusion as to               
          what time this call was actually scheduled to begin.  We                    
          disagree.  A reasonable person would understand “8:00 a.m. PST”             
          to mean simply “8:00 a.m. Pacific time.”  We certainly refuse               
          to invalidate the determination because Talbott wrote “PST”                 
          instead of “PDT.”                                                           





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