- 18 - administrative record. See, e.g., Wells v. Commissioner, T.C. Memo. 2003-234 (taxpayer’s testimony admissible at trial when he was represented by counsel and taxpayer was not present at hearing); Maloney v. Commissioner, T.C. Memo. 2003-143 (taxpayers presented numerous letters sent to Commissioner asking him to recalculate their FICA taxes as evidence of claimed overpayments), affd. 94 Fed. Appx. 969 (3d Cir. 2004); Black v. Commissioner, T.C. Memo. 2002-307 (extensive testimony as to taxpayer’s physical limitations due to diabetes and testimony of taxpayer’s accountant considered when, at hearing, taxpayers raised issue of illness from diabetes and presented Appeals officer with medical files), affd. 94 Fed. Appx. 968 (3d Cir. 2004); Gougler v. Commissioner, T.C. Memo. 2002-185 (Court considered two documents at trial that were not presented to Appeals officer); Holliday v. Commissioner, T.C. Memo. 2002-67 (Commissioner permitted to present documents, records, and testimony at trial that was not part of administrative record), affd. 57 Fed. Appx. 774 (9th Cir. 2003) (“Holliday’s contention that the Tax Court erred by admitting into evidence documents that were not produced at the * * * [section 6330] hearing fails because the ‘record review’ provisions of the AdministrativePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011