Mitchell F. Skrizowski - Page 17

                                       - 17 -                                         
          hearing.  Accordingly, we conclude that respondent’s                        
          determination included consideration of this issue.10  Sec.                 
          6330(c)(3)(B) (the determination shall take into consideration              
          the issues raised under section 6330(c)(2)--which includes offers           
          of collection alternatives including OICs).  Accordingly, we                
          shall review whether respondent’s determination regarding the OIC           
          was arbitrary, capricious, or without sound basis in fact and               
          law.  Fowler v. Commissioner, T.C. Memo. 2004-163; see Woodral v.           
          Commissioner, 112 T.C. 19, 23 (1999).                                       
               D.   Did Respondent Abuse His Discretion Regarding the OIC?            
                    1.   The OIC Was Not Fully Investigated                           
               Petitioner claims that the OIC was not fully investigated              
          before it was essentially rejected.  We agree.  Mr. Blais                   
          admitted that the OIC needed further investigation before a                 
          decision on the OIC could be made because of its complexity and             
          the lack of sufficient information to evaluate the OIC.  Mr.                
          Blais, in fact, returned the OIC for further investigation.                 
          Respondent, however, determined to leave the nominee liens in               
          place before the further investigation of the OIC was completed.            




               10  If respondent’s determination did not include                      
          consideration of this issue, respondent would have abused his               
          discretion by failing to follow the express provisions of sec.              
          6330 which require respondent to consider all issues raised at              
          the hearing, including collection alternatives such as OICs, in             
          making his determination.                                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011