- 22 - (b)(2), Proced. & Admin. Regs. (Emphasis supplied.) At the time of the Appeals conference, petitioners were not aware of the insurance company’s intent in making the settlement payment. That information was discovered from third-party sources shortly before trial and almost 1 year after the Appeals conference. The regulation requires disclosure of relevant information “to the extent such information and its relevance were known or should have been known to the party or qualified representative at the time of such conference.” Id. In the context of the settlement conference with Appeals, that requirement was met by petitioners, who made a reasonable and good faith effort to provide the Appeals officer with relevant facts and law in the context and development of the case at the time of the conference. In addition, under respondent’s view, taxpayers might be required to seek out every possible piece of relevant evidence and/or to postulate every plausible theory in order to exhaust administrative remedies and to recover administrative or litigation costs. Respondent’s approach also disregards the relative cost of developing all relevant information that is known or should have been known. Under respondent’s approach to the regulation, few, if any, taxpayers might be able to present all relevant evidence that could have been developed.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011