- 14 - and a modest home specially equipped to accommodate his disability, and who is unable to borrow against his home because of his disability. See sec. 301.7122-1(c)(3)(iii), Examples (1), (2), and (3), Proced. & Admin. Regs. None of these examples bears any resemblance to this case, but instead all “describe more dire circumstances”. Speltz v. Commissioner, 454 F.3d 782, 786 (8th Cir. 2006), affg. 124 T.C. 165 (2005); see also Barnes v. Commissioner, T.C. Memo. 2006-150. Nevertheless, we will address petitioner’s arguments. 1. Discussion of Special Circumstances in the Notice of Determination Petitioner argues that Ms. Cochran failed “to follow proper procedure by [not] discussing Petitioner’s special circumstances, what equity was considered in relation to his special circumstances, and how the special circumstances affected her determination of his ability to pay.” Petitioner infers that, because the notice of determination did not discuss the special circumstances in detail, Ms. Cochran failed to adequately take petitioner’s circumstances into consideration. This Court does not believe that Appeals must specifically list in the notice of determination every single fact it considers in arriving at a determination. See Barnes v. Commissioner, supra. This is especially true in a case such as this, where petitioner provided Ms. Cochran with multiple letters and hundreds of pages of exhibits. Ms. Cochran considered all ofPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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