- 5 - 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.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007