- 20 - discrepancy between Form 433-A and petitioner’s 2003 return.8 The record, however, does not reveal the basis for this finding. At trial, the Appeals officer could not identify what specific document he was seeking to reconcile the $175 discrepancy, but he acknowledged that petitioner submitted several personal and business financial documents. The Appeals officer testified, in relevant part, that he was trying to seek current business receipt information and current business expense information to determine the actual net income that he [petitioner] was receiving so that I could determine, you know, compare it with the expenses, actually verify the expenses and then verify the current income to determine if there could be an installment agreement and what that amount would be, if there could be. We find the $175 income discrepancy to be de minimis in amount. Furthermore, we are not persuaded that the Appeals officer may not have received the “financial information requested” that was necessary to reconcile the $175 amount, especially in light of the fact that at trial he was unable to specify what document he was seeking. At the very least, the record demonstrates that, notwithstanding the de minimis amount, petitioner had complied with the Appeals officer’s directives sufficient for the Appeals officer to make a financial analysis 8 We note, in contrast, that on July 29, 2004, the Appeals officer indicated in his notes that Form 433-A showed that petitioner had “very little ability to make installment payments.”Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011