Thomas Olan Maxton, Jr. - Page 5




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          solicited petitioner’s proposed collection alternative.  Finally,           
          the settlement officer requested petitioner’s telephone number              
          for the purpose of holding the hearing.  Petitioner responded to            
          this last request on October 14, 2004, leaving the settlement               
          officer a voice mail message with petitioner’s telephone number             
          and a request for a 5-day postponement of the hearing.                      
          On October 18, 2004, petitioner sent a telefax to the                       
          settlement officer, reiterating his request for a postponement of           
          the hearing scheduled for the next day, and then spoke with the             
          settlement officer by telephone that same day.  In the telephone            
          conversation, petitioner informed the settlement officer that               
          petitioner’s representative, Mr. Paul, needed more time to                  
          prepare for the hearing and that Mr. Paul would explain                     
          petitioner’s position and why petitioner had not furnished                  
          respondent with additional information that had been requested.             
          The settlement officer reiterated that respondent’s Appeals                 
          Office would not consider matters that courts have determined are           
          frivolous or groundless and that the hearing would focus on                 
          collection alternatives, petitioner’s compliance, and any                   
          nonfrivolous arguments.  The parties agreed that petitioner would           
          telephone the settlement officer by October 25, 2004, to                    
          reschedule the hearing.                                                     
          Neither petitioner nor Mr. Paul communicated with the                       
          settlement officer by October 25, 2004.  On October 27, 2004,               







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