- 8 - obtain. Petitioner has not explained the basis for this belief, nor does the record support his contention. Petitioner may be arguing that respondent is required to compel the parties to the litigation to provide petitioner with relevant information. Assuming this is the case, petitioner is mistaken. The Commissioner is not obligated to obtain records from third parties on the taxpayer’s behalf. See Poindexter v. Commissioner, supra at 282-286 (Commissioner’s refusal to subpoena records on taxpayer’s behalf did not relieve taxpayer of his burden of proof); Horn v. Commissioner, supra; see also sec. 6001 (taxpayer is required to maintain adequate records). We conclude that petitioner has failed to prove his underlying tax liabilities should be reduced. 2. Petitioner’s Proposed Collection Alternatives Petitioner asserts that he is unable to pay his tax liabilities. Petitioner did not provide financial information to substantiate this assertion, however, nor did he offer a credible explanation for his failure to do so. Petitioner contends that he submitted an offer-in-compromise (OIC) several years ago to an Internal Revenue Service office in Utah. The OIC was not made part of the record, and petitioner does not argue that he submitted an OIC to the Appeals officer in connection with the proposed levy action. Thus, it appears that petitioner did not raise an OIC or other collection alternative with the Office ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011