- 14 - Rule 41(b). Accordingly, petitioner’s underlying liability for 1989 is properly before the Court, and we review that issue de novo.8 See Sego v. Commissioner, supra; Goza v. Commissioner, supra. We shall review the remainder of respondent’s determination for 1989 for an abuse of discretion. Sego v. Commissioner, supra. III. Underlying Tax Liability The evidence establishes that petitioner did not receive $5 million in business income in 1989. IV. Abuse of Discretion A. Evidentiary Issue Respondent argues that we should be limited to the administrative record in deciding whether the settlement officer abused his discretion. At trial, respondent objected to the introduction of evidence offered by petitioner to prove an abuse of discretion where that evidence was not provided to the settlement officer. The Court noted respondent’s objection but allowed testimony to proceed. On brief, however, respondent stated that the Court should consider the testimony of the 8 We note that at the time he filed the petition and as of the date of trial, we had not ruled whether in sec. 6330 cases taxpayers could challenge the existence or amount of a tax liability reported on their original return (as is the case herein). In Montgomery v. Commissioner, 122 T.C. 1 (2004), we held that in sec. 6330 cases taxpayers can dispute tax liabilities reported on their original return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011