Drina L. McCorkle - Page 8




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               Respondent also determined that the proposed installment               
          plan would be difficult to monitor.  We agree.  Because                     
          petitioner’s net income fluctuates monthly, respondent would be             
          forced to audit continually the correctness of the income and               
          deductions petitioner claimed.  Furthermore, the proposed                   
          installment plan left uncertain whether petitioner would fully              
          pay her outstanding liabilities within the periods of limitations           
          on collection.  We conclude that respondent gave due                        
          consideration to the proposed installment plan, and his                     
          determination was reasonable.                                               
               Petitioner has failed to raise a spousal defense or make a             
          valid challenge to the appropriateness of respondent’s intended             
          collection action.  These issues are now deemed conceded.  Rule             
          331(b)(4).  Accordingly, we conclude that respondent did not                
          abuse his discretion by refusing to accept the proposed                     
          installment plan, and we sustain respondent’s determination to              
          proceed with collection with respect to petitioner’s 1997 and               
          1999 tax years.                                                             
               To reflect the foregoing,                                              
                                                  An appropriate order and            
                                             decision will be entered.                











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