- 31 - The advantage of the ruling in Magana v. Commissioner, 118 T.C. 488 (2002), is that it gives us the latitude to deal with unusual situations as they arise rather than follow a wooden rule that may produce undesirable results. Lastly, the statutory language of section 6330(d)(2)(B) refers to a “change in circumstances” and makes it clear that, certainly in the context of a levy case, a change in a taxpayer’s circumstances may affect an Appeals Office determination and may justify a result different from that reached in the initial Appeals Office determination. The facts before us in this case involve a significant change in circumstances (i.e., a taxpayer has died and has been replaced as the party in interest by the decedent’s estate, which did not exist at the time of the initial Appeals Office hearing and which therefore could not have been present and could not have raised any issue at the hearing). The majority’s holding that we have no authority or jurisdiction even to consider whether the taxpayer’s death might be covered by the exception preserved in Magana v. Commissioner, supra at 494, for “unusual illness or hardship, or other special circumstance” handcuffs this Court from considering and reviewing a change in a taxpayer’s circumstance, even though the change of circumstance has occurred after the Appeals Office hearing is final and while the case is pending before us.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: November 10, 2007