- 5 - existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. With respect to petitioners’ proposed installment agreement, we review the settlement officer’s determination for abuse of discretion. Lunsford v. Commissioner, 117 T.C. 183, 185 (2001); Nicklaus v. Commissioner, 117 T.C. 117, 120 (2001). To the extent that petitioners’ underlying liability is an issue, we review the Appeals officer’s determination de novo. Landry v. Commissioner, 116 T.C. 60, 62 (2001). Petitioners presented neither evidence nor argument that would persuade us that an installment agreement was an appropriate alternative to enforced collection. A fortiori, they have not presented any evidence or persuasive argument that the settlement officer abused his discretion in refusing to accept an installment agreement. Compare Schulman v. Commissioner, T.C. Memo. 2002-129, in which we considered in detail the financial information submitted to the settlement officer and concluded that there was no abuse of discretion when the settlement officer declined an installment agreement sought by the taxpayers. Petitioners presented extensive testimony concerning Adams’s physical limitations due to diabetes. Petitioners’ delinquencies, however, continued over a period of years that cannot be excused by reference to Adams’s illness. Petitioners’Page: Previous 1 2 3 4 5 6 Next
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