Laura A. Gavigan - Page 10

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          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 be            








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