Antonio L. and Ernestine Thomas - Page 13

                                       - 13 -                                         
          bankruptcy discharge of the 1991 liabilities or their                       
          payment--have been considered in this proceeding and found to               
          lack merit.  Thus, regardless of whether petitioners were                   
          initially accorded their right to a hearing under section                   
          6330(b), they have not been prejudiced, and we do not believe it            
          is “either necessary or productive” to remand this case for a               
          hearing on the claims we have found legally insufficient to                 
          forestall collection.  See Lunsford v. Commissioner, 117 T.C.               
          183, 189 (2001); Moore v. Commissioner, T.C. Memo. 2003-1.                  
          Conclusion                                                                  
               Petitioners have not raised any spousal defenses, other                
          challenges to the appropriateness of the collection action, or              
          collection alternatives.  We have considered every contention               
          raised by petitioners, and conclude that each is without merit.             
          We therefore hold that respondent may proceed with the proposed             
          collection action.  To reflect the foregoing,                               


                                                  An appropriate order and            
                                             decision will be entered.                














Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  

Last modified: May 25, 2011