-5- genuine issue as to any material fact and that this case is ripe for summary judgment. We review the Appeals 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). The determination of an Appeals officer must take into consideration: (1) The verification that the requirements of applicable law and administrative procedures have been met, (2) issues raised by the taxpayer, and (3) whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection be no more intrusive than necessary. Sec. 6330(c)(3). We review the Appeals officer’s exercise of discretion on the basis of the arguments and information available to the Appeals officer when the discretion was exercised. Sego v. Commissioner, 114 T.C. 604, 612 (2000). Petitioner’s sole argument is that Appeals erred in denying petitioner’s request for an installment agreement. We disagree. Given that petitioner had commingled its funds as discussed, was out of compliance with its filing requirements, and had filed with the Commissioner an incomplete Form 433, we do not believe that the Appeals officer abused her discretion in denying that request.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011