- 9 - Appeals officer at the administrative hearing. Furthermore, the Appeals officer’s offer to suspend collection activities for one year demonstrates respondent’s willingness to give petitioners more time to reduce their expenses, including those incurred after rejection of the first settlement offer. Petitioners attached a number of exhibits to their Motion, most of which were unavailable to the Appeals officer at the time of the hearing, to support their argument that respondent’s determination was an abuse of discretion. Petitioners included a Schedule C for 2002 reflecting monthly income of $2,605, a junkyard’s appraisal of the Ford Thunderbird, and documentation of petitioners’ medical problems. However, it is self-evident that the Appeals officer may not be held to have committed an abuse of discretion where information that might have supported petitioners’ position was not forthcoming at the time of the administrative hearing. In any event, we are unable to conclude that the production of such additional information at the time of the hearing might have led to a different result. See Van Vlaenderen v. Commissioner, T.C. Memo. 2003-346. We have reviewed the financial information which the record reveals was available to the Appeals officer at the time of the administrative hearing, and we conclude that respondent’s rejection of the $2,000 offer in compromise was not arbitrary. Respondent’s refusal of the de minimis offer was justified byPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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