Estate of Donny David Doster - Page 10




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          the addition to tax in a separate administrative proceeding.  We            
          need not determine whether the request for abatement was                    
          appropriately precluded because it was raised by petitioner and             
          considered and rejected by respondent.  Indeed, the determination           
          letter states that “We have reviewed your request for abatement             
          of the penalty and have concluded that the decision of the                  
          appellate conferee was correct and not an abuse of discretion.              
          We did not find that your failure to pay the estate tax was due             
          to reasonable cause.”  The estate failed to establish reasonable            
          cause for its failure to pay timely the estate tax.  We conclude            
          that this determination was not an abuse of discretion.                     
          III. Court Review of Collection Alternatives                                
               It was appropriate for respondent to consider the estate’s             
          request for an extension insofar as it was proposed or considered           
          as a collection alternative.  We conclude that respondent’s                 
          rejection of such request was not an abuse of discretion.                   
               Respondent is required, pursuant to section 6330(c)(3)(C),             
          to consider “whether any proposed collection action balances the            
          need for the efficient collection of taxes with the legitimate              
          concern of the person that any collection action be no more                 
          intrusive than necessary.”  See also H. Conf. Rept. 105-599 at              
          264 (1998), 1998-3 C.B. 747, 1018.  Respondent did so, even                 
          though his consideration of this issue was sometimes couched as a           





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