-21- 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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