- 16 - appropriateness of collection. See sec. 6330(c)(2)(A)(ii); Swanson v. Commissioner, supra. Petitioner argues that a de novo standard of review is appropriate because he “put forth the argument of the validity of the underlying taxes--i.e. the petitioner does not owe the tax, nor the additions to the tax, since the tax was previously discharged by an Offer in Compromise which was improperly defaulted by the respondent”. We view petitioner’s argument as a challenge to the appropriateness of collection, rather than as a challenge to the underlying tax liability. See Swanson v. Commissioner, supra. III. Evidentiary Issue A. The Parties’ Contentions At trial, respondent moved to strike “all documents and testimony not part of the administrative record on the ground that the trial record should be limited to the agency administrative record.” Documents and testimony not part of the administrative record include: (1) Petitioner’s testimony; (2) petitioner’s tax returns for 1995, 1996, 1997, 1999, 2000, and other stipulated facts relating to the date these returns were received by the IRS; (3) Mr. Coy’s private postage meter log, cellular telephone records, credit card records, and daily calendar for October 15, 1999; (4) Frances Robinette’s testimony; and (5) all statements made by Mr. Coy at trial that he did notPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011