Jerry D. Criner - Page 30

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          find Mr. Penny’s testimony credible on the subject of advisory              
          review, and we note that such review was not one of the required            
          steps enumerated in the IRM.  We hold, therefore, that the                  
          Appeals Office did not abuse its discretion in determining that             
          the requirements of any applicable law or administrative                    
          procedure have been met with respect to the nominee NFTL at issue           
          in this case.                                                               
               A.3.  Consideration of Collection Alternatives                         
               Petitioner also contends that respondent erred by not                  
          considering reasonable collection alternatives to respondent’s              
          nominee NFTL and disputes that the filing of the nominee NFTL               
          properly balanced respondent’s need for efficient collection of             
          taxes with petitioner’s concern that the collection action be no            
          more intrusive than necessary.  Petitioner, however, did not                
          submit a completed Form 433-A, Collection Information Statement -           
          Wage Earner, or Form 433-B, Collection Information Statement -              
          Business, to document his claimed inability to pay.  Even if                
          petitioner had submitted completed Forms 433-A and 433-B, the               
          disagreement between petitioner and respondent regarding the                
          extent of his ownership interest in the Claremore property                  
          precluded any determination of petitioner’s actual ability to pay           
          the unpaid tax liabilities at issue.                                        
               We also note that petitioner did not offer any collection              
          alternatives that would adequately protect respondent’s need to             






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