Edward F. Murphy - Page 26

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          justify reversal or remand of the Appeals office determination.             
          See id. at 115, 116, 120 (Wells, Thornton, and Wherry, JJ.,                 
          concurring, respectively).  Accordingly, as stated, petitioner’s            
          testimony with respect to special circumstances is not admissible           
          because it is irrelevant.                                                   
                    3.  Ms. Boudreau’s Trial Testimony                                
               Petitioner wishes to introduce Ms. Boudreau’s trial                    
          testimony to show infirmities in the determination, the hearing             
          record, and the Appeals procedures applicable to section 6330               
          hearings.  Much of that testimony was in response to Mr. Burke’s            
          questions to Ms. Boudreau concerning the content of her case                
          activity record and how she arrived at her decision to reject the           
          offer in compromise.  Among other things, Mr. Burke questioned              
          her as to abbreviations and notations in the case activity                  
          record, her use of national standards for determining necessary             
          living expenses in evaluating offers in compromise, what factors            
          she took into account in rejecting the offer, and whether she               
          notified petitioner that he could appeal her decision to reject             
          the offer in compromise.  On brief, petitioner catalogues the               
          infirmities that he claims justify Ms. Boudreau’s trial                     
          testimony:  The notice of determination fails to state what                 
          “current IRS policy and procedures” were being relied on by Ms.             
          Boudreau and whether she rejected the offer in compromise based             
          on doubt as to collectibility or effective tax administration.              






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