Alfred J. Martin - Page 19

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          review at the hearing, Appeals Officer Mares could not properly             
          consider an installment agreement at that time.  See Wells v.               
          Commissioner, T.C. Memo. 2003-234.19  Accordingly, we conclude              
          that respondent’s determination with respect to collection                  
          alternatives was not an abuse of discretion.                                
               Petitioner has failed to demonstrate that the proposed levy            
          action is inappropriate, another collection alternative is more             
          appropriate, or some other relevant issue adversely affects                 
          respondent’s proposed collection activity.  We therefore conclude           
          that respondent’s determination to proceed by levy with the                 
          collection of petitioner’s 1980 income tax liability was not an             
          abuse of discretion.                                                        
               We have considered the remaining arguments of both parties             
          for results contrary to those expressed herein and, to the extent           
          not discussed above, find those arguments to be irrelevant, moot,           
          or without merit.                                                           
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          




               19We also note that, for purposes of this proceeding,                  
          petitioner did not introduce into evidence any information                  
          regarding his financial condition that would suggest a remand is            
          appropriate.  See Wells v. Commissioner, T.C. Memo. 2003-234.               





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