Roger and Lora Carter - Page 33

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          v. Helvering, 290 U.S. 111, 115 (1933).19  The burden was on                
          petitioners to show that respondent abused his discretion.  The             
          burden was not on respondent to provide enough information to               
          show that he did not abuse his discretion.  Nevertheless, we find           
          that we had more than sufficient information to review                      
          respondent’s determination.                                                 
               3.   Scheduling of the Section 6330 Hearing and Deadline for           
                    Submission of Information                                         
               Petitioners argue that Ms. Cochran abused her discretion by            
          not allowing their counsel additional time to prepare for the               
          section 6330 hearing and to submit additional information.  Once            
          the section 6330 hearing was scheduled, Ms. Cochran refused                 
          petitioners’ request to delay the hearing.  However, Ms. Cochran            
          did extend the deadline for submission of information.                      
               While petitioners wanted to delay the section 6330 hearing,            
          they do not allege that they were unable to adequately prepare              
          for the hearing.  Additionally, petitioners have not identified             
          any documents or other information that they believe Ms. Cochran            
          should have considered but that they were unable to produce                 
          because of the deadline for submission.  Given the thoroughness             


               19  While sec. 7491 shifts the burden of proof and/or the              
          burden of production to the Commissioner in certain                         
          circumstances, this section is not applicable in this case                  
          because respondent’s examination of petitioners’ returns did not            
          commence after July 22, 1998.  See Internal Revenue Service                 
          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.                 
          3001(c), 112 Stat. 727.                                                     




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