- 15 - the arguments and information presented to her. Given the amount of information, it would be unreasonable to require her to specifically address in the notice of determination every single asserted fact, circumstance, and argument presented. The fact that all of the information presented was not specifically addressed in the notice of determination does not indicate an abuse of discretion. 2. Petitioner’s Medical Expenses and Possible Retirement Petitioner argues Ms. Cochran failed to adequately consider his declining health, the likelihood his health problems will require early retirement, and possible future increases in medical expenses. Included in the documentation provided to Ms. Cochran were letters from petitioner’s doctors stating that he suffers from work-related injuries to his lumbar, cervical, and thoracic spine, his wrists, and his right elbow, resulting in multiple medical procedures, including pain management therapy. Petitioner asserted the severity of his injuries will force him to retire in the near future and presented a letter from his doctor indicating his injuries “may” lead to future disability. In the notice of determination, Ms. Cochran stated: “the taxpayer’s representative contended that the taxpayer was being evaluated for possible disability”. However, no actual disability was documented, and no evidence was producedPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011