PLT TAKES PRECAUTIONARY AVOIDANCE ACTION FOR TFC PRESENTED ON TCASII AS AN ADVISORY THAT WAS SUBSEQUENTLY SIGHTED. THE CTLR INVOLVED DOESN'T LIKE IT.

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WHILE ON A DEP CLB FROM VIS TO MCE; ATC; FAT APCH; CLRED US TO 10000 FT AND WE ASKED AND RECEIVED DIRECT CLOVIS VOR. AS I/WE RECEIVED CLOVIS VOR AND HDG DIRECT; I NOTICED ON THE TCASII; TFC AT OUR 12 - 1 O'CLOCK POS AND ABOUT 2000 FT ABOVE US; RANGE WAS ABOUT 4-5 MI. WHEN I FIRST NOTICED THE TFC ON TCASII IT SEEMED TO BE CLBING. MY PLAN TO AVOID THE TFC WAS TO LEVEL OFF 1000 FT TO 500 FT BELOW THE TFC. AFTER VISUALLY FINDING THE TFC AND THEN REF THE TFC; START MY CLB; AT THE TIME CTLR WAS VERY BUSY -- A SATURDAY AFTERNOON AND ALL. UNFORTUNATELY; WE DIDN'T GET A CHANCE TO TELL ATC OF MY PLAN TO AVOID THE TFC BECAUSE HE WAS TOO BUSY. AFTER VISUALLY ACQUIRING THE TFC; I RESUMED MY CLB. ABOUT THE SAME TIME WE WERE CLBING THROUGH 6000 FT OR SO; THE FAT ATC CTLR GAVE US THIS TFC. THE SAME TFC WE ASKED HIM WAS HE AT 6000 FT. HE SAID 'YES; BUT YOU ARE CLRED TO 10000 FT' AND HE RECLRED US TO 10000 FT. THE ATC CTLR SEEMED VERY UPSET THAT I STOPPED MY CLB FOR TFC. THE ATC CTLR CONTINUED TO QUESTION US AS TO WHY WE HAD LEVELED OFF FOR THE TFC. AT THIS TIME MY FO WAS AT A LOSS FOR WORDS; SO I CALLED AND SAID; 'SIR; I AM NOT GOING TO CLB INTO TFC ABOVE ME; I HAVE THE TFC IN MY SIGHT AND I WILL MAINTAIN VISUAL SEPARATION AND I HAVE CONTINUED MY CLR REF THIS TFC. OVER!' FORTUNATELY; THE TFC NEVER CAME CLOSER THAN 2 - 2 1/2 MI FROM US. THE ATC CTLR SEEMED VERY UPSET WITH US. THERE WAS NOTHING ELSE SAID ABOUT THIS BTWN US. IT WOULD HAVE BEEN NICE IF WE COULD HAVE GOTTEN A WORD IN TO TELL THE CTLR WE WERE GOING TO LEVEL OFF REF THE TFC. IT WOULD HAVE BEEN NICE IF THE CTLR HAD TIME TO COME UP WITH A PLAN TO TURN US 20 DEGS L AND HAVE US EXPEDITE OUR CLB THROUGH 7000 FT. I ASSUMED THE CTLR WAS TALKING TO THE ACFT BECAUSE HE WAS AT A COORDINATED IFR ALT. WHEN WE PASSED THE TFC IT SEEMED TO BE AT A LEVEL ALT. THIS WAS LEG #7 FOR THE DAY. OUR CREW AND ME WERE TIRED. THE COCKPIT WAS HOT WHILE ON THE GND. TOTAL DUTY TIME WAS ABOUT 12 HRS 30 MINS UP TO THIS LEG -- THE LAST LEG. QUESTION: IS IT WRONG TO LEVEL OFF FOR TFC BASED ON TCASII ALONE? ON THE PREVIOUS LEG WITH CTR AND BFL APCH; WE CAME CLOSE TO 2 OTHER TARGETS.