Edward F. Murphy - Page 20

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          trial testimony.  Respondent points out that, in Robinette, some            
          of the Judges of the Court expressed reservation to, in all                 
          circumstances, allowing testimony or admitting other evidence not           
          presented to Appeals.  E.g., Robinette v. Commissioner, 123 T.C.            
          at 115 (Wells, J., concurring) (distinguishing situation where              
          taxpayer refuses to furnish relevant evidence requested at                  
          section 6330 hearing), id. at 116 (Thornton, J., concurring)                
          (suggesting it might be appropriate not to admit testimony or               
          other evidence when the taxpayer has failed to cooperate in                 
          presenting relevant evidence at the section 6330 hearing), id. at           
          120 (Wherry, J., concurring) (“[The holding of the case] should             
          not be construed as sanctioning the dilatory introduction at                
          trial of new facts or documents previously withheld and not                 
          produced at the Appeals hearing in order to justify reversal or             
          remand of the Appeals or settlement officer’s determination.”).             
          Respondent argues that petitioner should not be allowed to                  
          introduce his testimony and the testimony of Ms. Boudreau because           
          his conduct during the hearing was marked by missed due dates and           
          constant requests for extensions of time to provide requested               
          information.  Respondent points out that the only issue raised by           
          petitioner was an offer in compromise, and he was given ample               
          opportunity to present an acceptable offer before he missed yet             
          another self-established due date (without warning Ms. Boudreau)            
          and she closed the case.  As a result, respondent concludes, our            






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