Martin and Sharon Smith - Page 4




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          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 contact                     







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