- 33 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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