- 20 - trial testimony. Respondent points out that, in Robinette, some of the Judges of the Court expressed reservation to, in all circumstances, allowing testimony or admitting other evidence not presented to Appeals. E.g., Robinette v. Commissioner, 123 T.C. at 115 (Wells, J., concurring) (distinguishing situation where taxpayer refuses to furnish relevant evidence requested at section 6330 hearing), id. at 116 (Thornton, J., concurring) (suggesting it might be appropriate not to admit testimony or other evidence when the taxpayer has failed to cooperate in presenting relevant evidence at the section 6330 hearing), id. at 120 (Wherry, J., concurring) (“[The holding of the case] should not be construed as sanctioning the dilatory introduction at trial of new facts or documents previously withheld and not produced at the Appeals hearing in order to justify reversal or remand of the Appeals or settlement officer’s determination.”). Respondent argues that petitioner should not be allowed to introduce his testimony and the testimony of Ms. Boudreau because his conduct during the hearing was marked by missed due dates and constant requests for extensions of time to provide requested information. Respondent points out that the only issue raised by petitioner was an offer in compromise, and he was given ample opportunity to present an acceptable offer before he missed yet another self-established due date (without warning Ms. Boudreau) and she closed the case. As a result, respondent concludes, ourPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011