Roy and Margaret Eliason - Page 6




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          Office of petitioners’ monthly income and expenses using, among             
          other things, the financial information provided by petitioners.            
               Moreover, based on the $10,000 in insurance proceeds that              
          petitioners received in 2000 (before respondent’s Appeals Office            
          made its determination), petitioners had the ability to pay a               
          significant portion of their outstanding income tax liabilities             
          for 1994 and 1995 (a total of $7,156, including interest to                 
          October 1, 2001).                                                           
               With regard to alleged financial hardship raised by                    
          petitioners for the first time in an amended petition (namely,              
          additional medical expenses and the possibility of a future                 
          reduction in income), because petitioners did not raise such                
          matter until the filing of their amended petition in January of             
          2001, it did not constitute an abuse of discretion for                      
          respondent’s Appeals Office to fail to consider such matter in              
          making the determination to proceed with collection.1  See Magana           
          v. Commissioner, supra.                                                     





          1     Generally, consideration by respondent of matters not                 
          presented to respondent’s Appeals Office until after a collection           
          hearing and after the issuance by respondent’s Appeals Office of            
          its notice of determination would be within respondent’s                    
          discretion under sec. 6330(d)(2) and would not be reviewable by             
          this Court.  Sec. 6330(b)(2), (d)(2); H. Conf. Rept. 105-599, at            
          266 (1998), 1998-3 C.B. 1020; sec. 301.6330-1(h)(1)(2), Q&A-H1              
          and H2, Proced. & Admin. Regs.                                              






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