- 4 - hearing with Appeals to review the propriety of the proposed levy. On December 2, 2003, petitioners requested the referenced hearing with Appeals. The request asserted in relevant part that the proposed levy was inappropriate because: (1) Petitioners were entitled to compromise their liability on account of effective tax administration, given, they claimed, that the Hoyt partnership cases were “longstanding” and petitioners were the “unwitting victims” of fraud perpetrated by Hoyt; (2) interest was required to be abated under section 6404(e), an issue, petitioners noted, then pending before the Court of Appeals for the Sixth Circuit in Mekulsia v. Commissioner, 389 F.3d 601 (6th Cir. 2004), affg. T.C. Memo. 2003-138; (3) the Commissioner’s imposition of tax-motivated interest for 1984 through 1986 was inappropriate given the facts of the case; and (4) petitioners were not given an opportunity to be heard during the examination of the Hoyt partnerships in that, they claimed, they were represented by Hoyt who had an impermissible conflict of interest and was thus incapable of representing them properly. On May 12, 2004, Nancy Driver (Driver), a settlement officer in Appeals, contacted petitioners with respect to their request by mailing a letter to Merriam, petitioners’ representative as stated on a power of attorney. The letter, a copy of which was mailed to petitioners, stated that Driver would contactPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007