Edward F. Murphy - Page 27

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          Ms. Boudreau’s case activity report contains unexplained                    
          notations and abbreviations.  Respondent made no transcript or              
          recording of the hearing.  The records provided by respondent               
          fail to include any information on “National Standards”, “Local             
          Standards”, or “other basis for ascertaining ‘allowable                     
          expenses’”, or grounds for deviating from those national or local           
          standards.                                                                  
               Those are not claims that petitioner made at the hearing.              
          While in Robinette v. Commissioner, supra, we admitted at trial             
          evidence not provided to Appeals on a showing that (besides being           
          relevant and otherwise admissible under the Federal Rules of                
          Evidence) the evidence related to issues raised at the taxpayer’s           
          section 6330 hearing, we did not say that such a showing is                 
          prerequisite to admissibility.  An irregularity in the conduct of           
          the hearing or some defect in the record may not be apparent                
          until after the hearing is concluded and the taxpayer receives              
          notice of the resulting determination.  The circumstances may               
          justify allowing the taxpayer to raise the issue at trial and               
          introduce evidence notwithstanding the taxpayer’s failure to                
          raise the issue at the section 6330 hearing.7  We address each of           

               7  Even given application of the record rule, circumstances            
          with respect to conduct of the hearing may justify                          
          supplementation of the record.  See, e.g., Olsen v. United                  
          States, 414 F.3d at 155 (in the context of a section 6330                   
          hearing); Lands Council v. Powell, 395 F.3d 1019, 1030 (9th Cir.            
                                                              (continued...)          





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