Lesley J. Smith, a.k.a. Lesley J. Scott - Page 18




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          often requests specific additional information and supporting               
          documentation.  If the financial information in the                         
          administrative file is more than 12 months old and/or the                   
          information is no longer accurate, the Appeals officer will                 
          request a new or updated financial statement before making the              
          determination.  See, e.g., Etkin v. Commissioner, T.C. Memo.                
          2005-245.  Additionally, taxpayers’ entitlement to audio record             
          section 6330 hearings, Keene v. Commissioner, 121 T.C. 8, 19                
          (2003), provides them a means of preserving an accurate record of           
          the hearing.  None of those safeguards is present under the                 
          Commissioner’s procedures for processing a taxpayer’s request for           
          section 6015 relief.                                                        
               In September 2004, the Appeals officer determined that                 
          petitioner had not shown that she would suffer economic hardship            
          if relief from the tax liabilities were not granted.  However, in           
          September 2002 petitioner had sent CCISO a completed                        
          questionnaire reporting unemployment compensation.  Although                
          unemployment compensation is temporary and most assuredly would             
          have terminated by September 2004 when the Appeals officer made             
          her determination, the Appeals officer did not request an updated           
          financial statement from petitioner.  Indeed, the Smiths’ joint             
          return for 2003 reported only $3,888 of unemployment                        
          compensation, which indicates that the $1,280 of monthly                    
          unemployment compensation ended in early 2003.                              







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