- 66 - we do address certain difficulties with the majority’s scope of review analysis in this case. a. Prior Section 6330 Cases in This Court The majority cites five Memorandum Opinions of this Court in support of the statement that “[a]t trials under section 6330 when reviewing for abuse of discretion, the Court has received into evidence testimony and exhibits that were not included in the administrative record.” Majority op. pp. 17-18. None of those opinions addresses the issue in this case; i.e., whether it is appropriate for the Court to go beyond the administrative record in a section 6330 case. The majority also cites three additional Memorandum Opinions of this Court in which “we * * * noted the taxpayer’s failure to present evidence at trial.” Majority op. p. 19 n.4. Again, none of those opinions addresses the issue of whether it is appropriate for the Court to consider matters beyond the administrative record in a section 6330 case. The majority also cites and quotes an unpublished opinion of the Court of Appeals for the Ninth Circuit affirming one of the aforementioned cases. Majority op. pp. 18-19; see Holliday v. Commissioner, 91 AFTR 2d 2003-1338, 2003-1 USTC par. 50,358 (9th Cir. 2003), affg. T.C. Memo. 2002-67. That court did devote two 4(...continued) Inc. v. Commissioner, 933 F.2d 1084 (2d Cir. 1991), affg. 92 T.C. 525 (1989), and Krause v. Commissioner, 99 T.C. 132 (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994)).Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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