James M. Robinette - Page 16

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          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 not             






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