- 39 - basis for her calculations. Considering all of petitioner’s claims of bad faith, we fail to find that Ms. Boudreau conducted the hearing in bad faith. Petitioner claims: Ms. Boudreau “did not act with flexibility but with a clear predisposition toward an inflexible and expeditious determination of the Petitioner's matter.” The facts in evidence hardly lead to that conclusion. Ms. Boudreau tolerated numerous missed due dates. She reopened the case after she had closed it on account of a missed due date. After rejecting the offer in compromise, she invited another offer. When that offer was not timely received, she closed the case but considered reopening it when Mr. Burke belatedly telephoned her. We do not find that Ms. Boudreau was inflexible. While she may have been predisposed to an expeditious conclusion of petitioner’s case, we see nothing wrong with that, given the facts before us. Petitioner claims: Ms. Boudreau “was biased by her belief that the hearing had to be promptly concluded.” Besides the fact that Ms. Boudreau rejected the offer and, after almost 2 months, gave up on petitioner’s promise to submit a new offer, petitioner has shown no facts that would support his claim of bias. As we made plain supra p. 35 of this report, there is no requirement that an Appeals officer wait a certain amount of timePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011