Louis A. and Christine Cox - Page 29

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               Taking the same approach of assuming arguendo that a claim             
          advancing prejudice is colorable under the section, we again find           
          it unnecessary to decide the underlying issue of statutory                  
          construction in that petitioners’ allegations of bias are not               
          borne out by the totality of the record.  Petitioners highlight             
          two factual circumstances in support of their position.  First,             
          petitioners focus on a reference to “a baseless claim for                   
          inflated housing and insurance costs” in notes made by                      
          Mr. Skidmore on April 26, 2004, recording his activity in                   
          processing the 2001 and 2002 case.  The April 26, 2004, entry               
          reads, in relevant part:                                                    
               Review of the case for 1999-2000 (closed five months                   
               ago) found that the issues raised were collection                      
               alternatives, and that they qualified for none because                 
               they made a baseless claim for inflated housing and                    
               insurance costs in an effort to show they had no                       
               ability to pay, seeking to justify a lifestyle at the                  
               expense of the government.  Specifically, it was                       
               concluded that “You did not provide sufficient                         
               financial information so that these could be                           
               specifically evaluated, but what you did provide                       
               evidenced two significant problems: (1) The testimony                  
               provided indicated no projection of future income could                
               now be made with confidence in its accuracy.  This                     
               would defeat the making of a projection of your future                 
               ability to pay.  It is suggested that you again                        
               consider these alternatives after your new business                    
               income has a sufficient history upon which to base                     
               projections.  (2) Analysis of your income and expenses                 
               showed large discretionary income which could be                       
               applied to your tax liabilities.”  I called the Rep. to                
               inquire if they had different issues for 2001-2002, and                
               what they wished to do about the scheduled hearing * *                 
               *                                                                      







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