- 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               The majority also cites and quotes an unpublished opinion of           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)).                                                                     
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