- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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