Richard T. and Catherine L.. Lites - Page 21

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               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...)           




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