- 14 - In addition, the record is void of any persuasive evidence that respondent induced petitioner to take any action adverse to himself. Petitioner’s only allegation of “detriment”--that he suffered a false sense of security that caused him to incur additional debt--is uncorroborated. Finally, we do not find that respondent’s conduct in this case constitutes affirmative misconduct. Respondent’s only affirmative act was filing the RFTL, which petitioner has not shown is anything but an inadvertent error. Further, respondent’s failure to refile the tax lien notice regarding the 1987 tax liability and dilatoriness in pursuing collection actions do not rise to the level of affirmative misconduct. We conclude that respondent is not estopped from collecting the Boyers’ 1986 and 1987 tax liabilities. We hold that respondent did not abuse respondent’s discretion in determining to proceed with the collection action of the Boyers’ 1986 and 1987 tax liabilities. We have considered all of petitioner’s contentions, arguments, and requests. To the extent that they are not mentioned herein, we find them to be moot, irrelevant, or without merit. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011