Okay, whose fault is this.
Picture it. Boston Legal. Great show, also on ABC. We record it, amongst others, to watch whenever. Last week ABC decided we needed to know more about the devasting fires out west. Never mind that at any given time you could tune to any of the news channels and learn all you ever wanted to know. They pre-empted Boston Legal.
The next week, Boston Legal didn't record because the DVR and/or the guide info apparently listed the program as not new and since we have the DVR set to record only new episodes, not repeats, we missed it.
Sometimes you can't win for losing!!!
This happened to my friend who has a TiVO series 2. My 622 DVR picked up the "repeat" Boston Legal just fine.