Edward F. Murphy - Page 19

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          Commissioner could proceed to collect unpaid taxes that had been            
          compromised pursuant to an agreement that required the taxpayer             
          to file his income tax returns on time for a period of 5 years              
          (or face collection of the compromised amount).  The taxpayer had           
          breached the agreement by failing to file timely a return                   
          governed by the agreement.  We received into evidence in addition           
          to the administrative record both testimony and documents that              
          showed (1) the taxpayer’s good faith efforts to file his return             
          in a timely manner, (2) the Appeals officer’s refusal to consider           
          certain evidence that the return was filed timely, and (3) his              
          unwillingness at the hearing to consider in depth his authority             
          to reinstate the offer in compromise.  Id. at 103-104.  We found            
          the testimony and documents relevant to the question of whether             
          the Appeals officer had abused his discretion in approving                  
          collection of the compromised taxes.  Id. at 104.  We found that            
          he had abused his discretion, in part because he (1) “had a                 
          closed mind to the arguments presented on petitioner’s behalf”              
          and (2) “failed to consider the facts and circumstances of this             
          case.”  Id. at 107.                                                         
               If we do not adopt his implicit suggestion that we overrule            
          Robinette v. Commissioner, supra, and apply the record rule in              
          reviewing for abuse of discretion under section 6330(d),                    
          respondent asks that we distinguish the facts of this case from             
          those of Robinette and exclude petitioner’s and Ms. Boudreau’s              






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