- 15 - officer does not abuse her discretion when she fails to take into account information that she requested and that was not provided in a reasonable time.” Murphy v. Commissioner, 125 T.C. 301, 315 (2005), affd. 469 F.3d 27 (1st Cir. 2006). Ms. Clark initially requested at Mr. MacQuarrie’s April 13, 2004, summons appearance that the estate file the estate’s delinquent tax returns within 30 days. After the 30 days had lapsed and the estate failed to comply, Ms. Clark issued the above-mentioned Notice of Intent to Levy and Your Right to a Hearing on May 27, 2004. Almost 6 months later, on November 19, 2004, and only days before the estate’s previously scheduled collection hearing, the estate requested a delay in the hearing date to afford the estate additional time to prepare the returns. Mr. Feist obliged and rescheduled the collection hearing for December 17, 2004. On the morning of the rescheduled hearing, the estate once again asked for additional time to prepare the returns. Mr. Feist declined the estate’s request. In total, from the time Ms. Clark initially requested the estate’s delinquent tax returns, the estate had approximately 8 months to prepare and file the returns and failed to do so. In Roman v. Commissioner, T.C. Memo. 2004-20, this Court stated: No statutory or regulatory provision requires that taxpayers be afforded an unlimited opportunity to supplement the administrative record. Nor are petitioner’s contentions regarding lack of warning well taken where the record in this case is replete withPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007