- 14 - administrative stage of the proceedings so as to afford her the opportunity to exercise her discretion. McCoy Enterprises v. Commissioner, 58 F.3d 557, 563 (10th Cir. 1995), affg. T.C. Memo. 1992-693; Estate of Reinke v. Commissioner, 46 F.3d 760, 765 (8th Cir. 1995), affg. T.C. Memo. 1993-197; Sisson v. Commissioner, T.C. Memo. 1994-545; Myers v. Commissioner, T.C. Memo. 1994-529; Klieger v. Commissioner, T.C. Memo. 1992-734. Petitioners concede that they did not seek a waiver prior to trial, but contend that there is case authority for the proposition that respondent should have granted a waiver sua sponte. On brief they cite Fisher v. Commissioner, 45 F.3d 396 (10th Cir. 1995), revg. and remanding T.C. Memo. 1992-740; Vorsheck v. Commissioner, 933 F.2d 757 (9th Cir. 1991), affg. in part and revg. in part an Oral Opinion of this Court; and Daoust v. Commissioner, T.C. Memo. 1994-203. Petitioners' reliance on these cases is misplaced. In the Fisher case, the Court of Appeals found that the Commissioner abused her discretion by failing to respond to the taxpayer's request for a waiver, not by refusing to grant a waiver sua sponte. In neither of the other decisions cited by petitioners is there any indication of whether an administrative remedy was in fact sought or any discussion of the need to follow such a procedure as a matter of law. Petitioners have not proven their entitlement to a waiver. The addition to tax is accordingly sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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