- 21 - As support for the Appeals Office decision to reject petitioners’ installment agreement proposals, respondent points to petitioners’ default on a prior installment agreement. Granted, such a circumstance might appropriately be considered by the Appeals Office as a ground for rejecting an installment agreement proposal. See, e.g., Orum v. Commissioner, 123 T.C. 1 (2004). In the instant case, however, the Appeals Office apparently did not regard petitioners’ prior default as a reason to deny them a new installment agreement. To the contrary, it offered petitioners a new installment agreement (of $2,700 per month), notwithstanding their prior default. A consideration that played no part in the Appeals Office determination--and in fact is controverted by it--cannot provide the basis for sustaining that determination.16 15(...continued) account interest accruals) totaled $53,088, it is not apparent that petitioners’ $1,200 per month proposal would require extending the 10-year collection statute expiration date at all, much less to 2014. 16 For similar reasons, we do not find persuasive respondent’s argument on brief that the Appeals officer’s rejection of petitioners’ installment agreement should be sustained on the ground that petitioners “continued to live beyond their means as petitioners failed to curb their credit card debt.” We find no indication in the record that such a consideration played any part in the Appeals officer’s determinations, and we are not persuaded that respondent’s apparent afterthought in this regard suffices to sustain the Notice of Determination. In reaching this conclusion, we do not mean to suggest that respondent is invariably confined strictly to the four corners of the Notice of Determination or to the evidence compiled during the administrative proceeding. Cf. (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011