Davis and Lois Etkin - Page 18

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        updated financial statements.  See Orum v. Commissioner, supra at             
        13.                                                                           
             B.   Respondent Did Not Abuse His Discretion Upholding the               
                  Proposed Collection Actions and Rejecting Petitioners’              
                  Proposed Installment Agreement During the Hearing                   
                  for the 1997-99 Taxable Years                                       
             Petitioners argue that respondent abused his discretion in               
        rejecting the terms of their proposed installment agreement for               
        the taxable years 1997-99 of $800 per month over 5 years and                  
        sustaining the proposed collection actions.  Petitioners’ main                
        reasons are that (1) the Appeals officer arbitrarily set an amount            
        that was suitable for petitioners to pay monthly, and (2) the                 
        Appeals officer did not fully take into account the financial and             
        health conditions of petitioners.  We disagree.                               
             The primary flaw in petitioners’ argument is that petitioners            
        failed to provide more updated financial information despite the              
        Appeals officer’s repeated requests.4  The Appeals officer                    
        properly followed the administrative procedures requiring him to              
        request a new or updated financial statement if the financial                 


               4Petitioners allege that there is an updated 2002 financial            
          statement on file with the Appeals office.  Respondent is not               
          aware of the existence of such a document.  Although this Court’s           
          review is not limited to the evidence in the administrative                 
          record, Robinette v. Commissioner, 123 T.C. 85 (2004),                      
          petitioners did not introduce such evidence at any juncture,                
          including at trial.  We merely have petitioners’ assertion that             
          it exists.  Therefore, because of the lack of substantive                   
          documentation of this alleged financial statement and                       
          petitioners’ failure to introduce it into evidence for this Court           
          to consider, we are unable to acknowledge its existence.                    





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