Joseph Giamelli - Page 19




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          incorporated by the clerk’s office in the Court’s case record.              
          Respondent now prepares the record presumably in accordance with            
          section 301.6330-1(f), Q&A-F4, Proced. & Admin. Regs., which                
          clarified Office of Chief Counsel Notice CC-2006-019 (Aug. 18,              
          2006).  That Office of Chief Counsel Notice had incorporated and            
          superseded Office of Chief Counsel Notice CC-2006-008 (Dec. 27,             
          2005), and updated and replaced Office of Chief Counsel Notice              
          CC-2003-016 (May 29, 2003).   Errors in the record will                     
          inevitably occur from time to time, given the large number of               
          records, their complexity, and the number of people participating           
          in the various stages of the collection due process (CDP)                   
          procedures.                                                                 
               Where the accuracy of the administrative record is                     
          challenged by a party, it is ultimately up to the Court to                  
          determine the accuracy and completeness of the administrative               
          record.1  To make this determination the Court may hold an                  
          evidentiary hearing to explore and document whether relevant                
          material below was excluded from the record and/or the record was           
          inappropriately augmented after the Appeals Office hearing and              


               1 Fla. Power & Light Co. v. Lorion, 470 U.S. 729, 744                  
          (1985); Franklin Sav. Association v. Dir., Office of Thrift                 
          Supervision, 934 F.2d 1127, 1137 (10th Cir. 1991); Thompson v.              
          U.S. Dept. of Labor, 885 F.2d 551, 555-556 (9th Cir. 1989);                 
          Murphy v. Commissioner, 125 T.C. 301, 311 (2005), affd. 469 F.3d            
          27 (1st Cir. 2006); ITT Fed. Servs. Corp. v. United States, 45              
          Fed. Cl. 174, 185 (1999); O’Toole v. U.S. Secy. of Agric.; 471 F.           
          Supp. 2d 1323, 1328-1329 (Ct. Intl. Trade 2007).                            






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