- 9 - hearing. Sec. 7521(a)(1). In situations where an administrative hearing took place prior to our opinion in Keene v. Commissioner, supra, we remand a case to the Appeals Office for further review only if it is necessary and productive to do so. Keene v. Commissioner, supra at 19; Frey v. Commissioner, T.C. Memo. 2004- 87; Durrenberger v. Commissioner, T.C. Memo. 2004-44; Brashear v. Commissioner, T.C. Memo. 2003-196; Kemper v. Commissioner, T.C. Memo. 2003-195. We have consistently held that a taxpayer’s reliance on frivolous or groundless arguments falls short of the necessary or productive standard for remand. See, e.g., Johnston v. Commissioner, T.C. Memo. 2004-224; Frey v. Commissioner, supra; Kemper v. Commissioner, supra. The administrative record in the present case indicates that although petitioner was provided with an opportunity to discuss relevant issues relating to the collection of her unpaid tax liability, she declined to do so. She did not propose any collection alternatives or challenge the appropriateness of the proposed levy, and she continued to advance frivolous and groundless arguments about the Federal income tax system. At no point in her dealings with respondent’s Appeals Office or with this Court did petitioner raise any legitimate issue involving the collection of her tax liability. The record in this case shows that no necessary or productive purpose would bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011