Robert Newstat - Page 30

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          T.C. Memo. 2003-271 (concluding that circumstances justified                
          remand).  Conversely, for instance, we do not remand cases where            
          the only arguments advanced are based on previously rejected                
          legal propositions or where the existing record allows for                  
          disposition of all issues raised without need for further                   
          development before Appeals.  E.g., Keene v. Commissioner, 121               
          T.C. 8, 19-20 (2003); Lunsford v. Commissioner, supra at 189;               
          Kemper v. Commissioner, T.C. Memo. 2003-195.                                
               Here, because the assessments at issue for 1999 were based             
          upon the amounts reported on petitioner’s filed tax return, and             
          petitioner never received a notice of deficiency or other                   
          opportunity to dispute those amounts, he would be entitled to               
          challenge his underlying liabilities in this collection                     
          proceeding.  Montgomery v. Commissioner, 122 T.C. 1, 9 (2004).              
          The Form 12153 submitted by petitioner indicates a desire to                
          claim business expenses not shown on his original return.  In               
          light of our conclusion regarding the lack of a hearing for 1999,           
          we believe that petitioner should be afforded a final opportunity           
          to supply relevant documentation.  Petitioner will also have a              
          further chance to raise relevant issues reviewed for abuse of               
          discretion, such as collection alternatives.                                
               We caution petitioner, however, that were it not for the               
          unusual circumstances of this case, his history of delay and                
          failure to supply information would give us pause.  We remind               






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