Robert and Ines M. Gillespie, et al. - Page 13




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          backdated.  Mr. Jones and Ms. Lacorte signed all of the                     
          objections.                                                                 
          Orders Disposing of Motions for Summary Judgment and Motion for             
          Penalty                                                                     
               On February 15, 2006, we issued orders granting in full the            
          motions for summary judgment in docket Nos. 3489-05L and 3490-05L           
          and granting in part the motion for summary judgment in docket              
          No. 3405-05L.  In substantial part, the orders are similar.  In             
          each, we concluded that petitioners were prohibited from                    
          challenging the underlying liability.  We concluded that the                
          settlement officer did not abuse her discretion in failing to               
          consider collections alternatives since, although given adequate            
          time to do so, petitioners had failed to present collection                 
          alternatives or provide the collection information and delinquent           
          returns that are a prerequisite to Appeals’ consideration of                
          collection alternatives.  We rejected petitioners’ claim that the           
          settlement officer was required to provide them copies of their             
          individual master file and other documents.  We cited the                   
          following authority specifically holding that an Appeals officer            
          is not required to produce that type of information.  Nestor v.             
          Commissioner, 118 T.C. 162, 166-167 (2002); Lunsford v.                     
          Commissioner, 117 T.C. 183, 187-188 (2001); Carrillo v.                     
          Commissioner, T.C. Memo. 2005-290.  We found petitioners’ claim             
          of bias to be frivolous and unsubstantiated.  In docket Nos.                
          3489-05L and 3490-05L, we rejected petitioners’ affirmative                 






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