James M. Robinette - Page 18

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          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 Administrative                











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