Robert and Ines M. Gillespie, et al. - Page 12




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          adequate time to participate in and complete a proper hearing.              
          Petitioners’ claim that they did not have sufficient time to                
          retrieve IRS documentation fails to raise any relevant issue.  A            
          settlement officer is not required to produce any documents at a            
          section 6330 hearing.  Petitioner Ines M. Gillespie had failed in           
          docket Nos. 3405-05L and 3490-05L to raise an innocent spouse               
          claim either on the Form 12153 or at any time during the                    
          administrative process, and, for that reason, she could not raise           
          that claim in these proceedings.  There is no merit to                      
          petitioners’ claim that any assessment is untimely.  Petitioners’           
          claim that the settlement officer was biased against them because           
          of their use of the trust system is frivolous and                           
          unsubstantiated.  No other error assigned by petitioners raises             
          any justiciable issue or shows any abuse of discretion by the               
          settlement officer.                                                         
          Petitioners’ Objections                                                     
               On February 6, 2006, petitioners all filed objections to the           
          motions for summary judgment.  None of petitioners disputed that            
          they failed to present collection alternatives.  In each case,              
          they argued that the settlement officer had not given them                  
          adequate time to make their case and they had required additional           
          information to prepare collection alternatives and to resolve               
          other issues relating to the years at issue.  In docket No. 3405-           
          05L, petitioners argued that the assessment of tax for 1997 was             







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