- 29 - 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 * * *Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011