Pearlena Wallace - Page 5




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               Respondent initially scheduled a telephone hearing in                  
          response to petitioner’s request.  Petitioner, however, indicated           
          that she would prefer a face-to-face hearing.  In order to                  
          accommodate her preference, the place of the hearing was changed            
          to a location more convenient to petitioner’s residence.  Several           
          face-to-face hearing dates were scheduled, but petitioner, who at           
          the time was employed by the Department of Homeland Security and            
          assigned to assist Hurricane Katrina victims in Mississippi, was            
          away from home and not available on any of the dates that the               
          hearings were scheduled.  Ultimately, a telephone hearing was               
          conducted.                                                                  
               During the telephone hearing, petitioner took a position               
          consistent with the position taken in her affidavit and request             
          for an administrative hearing; i.e., the liability reported on              
          her 1995 return was fully paid at the time the return was filed.            
          Petitioner’s entitlement to an abatement of interest or additions           
          to tax was not considered during the administrative hearing.                
               The settlement officer that conducted the administrative               
          hearing was unwilling to accept petitioner’s uncorroborated claim           
          that her 1995 tax liability was fully paid.  The settlement                 
          officer asked petitioner to provide a copy of a canceled check or           
          bank statement evidencing the payment, but petitioner explained             
          that she could not obtain either because the bank had gone out of           
          business or merged with a different bank.  In the absence of any            







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