Thomas Olan Maxton, Jr. - Page 7




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          that they would proceed with the hearing by telephone.  The                 
          settlement officer’s notes of the telephone conversation                    
          indicate, among other things, that Mr. Paul stated that he was at           
          a disadvantage because he had not had enough time to prepare for            
          the hearing; that the settlement officer reminded Mr. Paul that a           
          substantial amount of time had already been afforded him for this           
          purpose; and that the settlement officer reiterated that                    
          petitioner’s arguments were frivolous.  Petitioner’s version of             
          the telephone call is that very shortly after the parties greeted           
          one another the settlement officer terminated the conversation.             
          Both parties agree that at some point in their telephone                    
          conversation the settlement officer inquired whether petitioner             
          was making an audio recording of the hearing.  Petitioner and his           
          representative confirmed that they were.  The settlement officer            
          explained to petitioner and Mr. Paul that while section 7521                
          permits audio recordings, advance notice of the intent to make              
          such a recording must be given and that he had received none.               
          Petitioner offered to turn off the recorder, but the settlement             
          officer was not confident that he would be able to verify whether           
          the recorder was in fact turned off and therefore ended the                 
          hearing.                                                                    
          Respondent’s Appeals Office sustained the lien and issued                   
          the notice of determination on January 6, 2005.  Petitioner filed           








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