- 27 - 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...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011