James M. Robinette - Page 51

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          sections given the statutory requirement of an Appeals Office               
          hearing, and we often have relied on the administrative record in           
          reviewing Appeals Office determinations.  Moreover, in                      
          appropriate circumstances, we might restrict ourselves to the               
          administrative record--for instance, where the taxpayer has                 
          failed to cooperate in presenting relevant evidence at the                  
          Appeals Office hearing.  In the instant case, petitioner                    
          attempted to introduce relevant evidence at the Appeals Office              
          hearing, but the Appeals officer refused to consider that                   
          evidence and failed to include it in the administrative record.             
          In these circumstances, I agree with the majority opinion that we           
          are not limited to evidence in the administrative record.                   
               Section 6330(c)(2) provides that a taxpayer may raise at the           
          Appeals Office hearing “any relevant issue relating to the unpaid           
          tax or the proposed levy”.  Section 6330(c)(3) requires that the            
          determination by an Appeals officer shall take into consideration           
          the relevant issues raised by the taxpayer in the Appeals Office            
          hearing.  In this case, Judge Vasquez, as the trial Judge, has              
          found that issues relating to whether petitioner defaulted on the           
          offer-in-compromise are relevant issues that petitioner raised in           
          the Appeals Office hearing and which should have been considered            
          by the Appeals officer in his determination, but were not.  I               
          defer to Judge Vasquez, as the trial Judge, in identifying the              
          issues raised at the Appeals Office hearing and whether those               
          issues are relevant.  I also defer to his conclusions that the              




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