Patrick Carlin Hickey, et al. - Page 21

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          basis of the facts as he believed them to be.  Cox as of the time           
          of the conversation had gathered all information that he believed           
          was necessary to show that petitioner owned one or more of the              
          relevant assets and that petitioner had fraudulently omitted one            
          or more of those assets from his financial statements.  The                 
          record does not establish that Cox during the conversation sought           
          or received the advice or direction of Voorhees as to any                   
          information that Cox needed to obtain to build a better criminal            
          (or civil) case against petitioner.  In fact, the record does not           
          establish that Cox during or after his conversation with Voorhees           
          acquired any information at all from or about petitioner.7                  
               As to petitioners’ third assertion, they argue that Cox                
          violated section 7605(b) by conducting more than one examination            
          of petitioner.  We disagree.  Pursuant to section 7605(b), the              
          Commissioner generally may inspect a taxpayer’s books or records            
          for a taxable year only once.  “‘[T]he standard is whether the              
          examination or investigation sought by the IRS is unnecessarily             
          duplicative of some prior examination’”.  United States v.                  
          Balanced Fin. Mgmt., Inc., 769 F.2d 1440, 1446 (10th Cir. 1985)             
          (quoting United States v. Davey, 543 F.2d 996, 1000 (2d Cir.                
          1976)).  Petitioners have not demonstrated that the Commissioner            

               7 While petitioners ask the Court to conclude that Voorhees            
          directed Cox to reopen his collection case, we do not find that             
          such was so.  Nor do we find, as petitioners ask us to, that Cox            
          and Voorhees participated in a “joint collaborative effort” in              
          preparing the referral of petitioner to CID.                                





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