Irving and Elaine Steinberg - Page 6

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               The question before us is not whether respondent’s Appeals             
          Office would have decided differently had it received additional            
          information.  Rather, the question before us is whether                     
          respondent’s Appeals Office acted appropriately and within its              
          proper discretion based on information it received during the               
          Appeals Office consideration of petitioners’ appeal.  The record            
          before us answers that question in the affirmative.                         
               Petitioners now claim additional legal expenses,                       
          transportation expenses, and income averaging in order to                   
          establish that respondent’s calculation during the Appeals Office           
          hearing of petitioners’ RCP was too high.                                   
               These items constitute new issues and will not be allowed.             
          See Magana v. Commissioner, 118 T.C. 488, 493-494 (2002).                   
          Furthermore, as we stated in Murphy v. Commissioner, 125 T.C.               
          301, 315 (2005), when Appeals officers make reasonable requests             
          for relevant documentation from taxpayers and taxpayers do not              
          produce the documentation in a reasonable time, the Appeals                 
          officer commits no abuse of discretion in making a determination            
          without regard to the missing information.                                  
               For the reasons stated, we shall grant respondent’s motion             
          for summary judgment.                                                       
               To reflect the foregoing,                                              

                                             An appropriate order and                 
                                        decision will be entered for                  
                                        respondent.                                   



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