- 6 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011