- 6 - file any objection to respondent’s motion for summary judgment on or before December 12, 2002. On December 16, 2002, petitioner filed a response to respondent’s motion for summary judgment (response). Discussion Petitioner’s only argument is that respondent’s refusal of the proposed installment plan constituted an abuse of discretion. Where the validity of the underlying tax liability is not properly in issue, we review respondent’s determination for an abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Black v. Commissioner, T.C. Memo. 2002-307 (reviewing the Commissioner’s determination regarding an installment agreement proposed at a section 6330 hearing under an abuse of discretion standard); Schulman v. Commissioner, T.C. Memo. 2002-129. One reason respondent did not accept the proposed installment plan was because petitioner was not in compliance with her current filing and paying obligations. See Internal Revenue Manual, pt. 5.14.1.4.1 (July 1, 2002), pt. 5.14.9.3(5) (Mar. 30, 2002), pt. 5.19.1.3.3.1(1) and (5) (Oct. 1, 2001), pt. 5.19.1.5.4.10(1)-(2) (Oct. 1, 2001). In her response, petitioner admits that as of the date of the notice of determination, May 10, 2002, she had not filed her 2001 return and had not fully paid her tax liability for 2001.Page: Previous 1 2 3 4 5 6 7 8 Next
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