Howard and Everlina Washington - Page 26




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          section 6330 determination, the taxpayer will be asking us to               
          review some exercise of discretion by the Appeals officer, such             
          as his determination that the proposed collection action balances           
          the need for efficient collection against the intrusiveness of              
          the collection action.  Such a review of discretionary action               
          necessarily involves a question of what was before the Appeals              
          officer, and we determine whether the Appeals officer abused his            
          discretion by considering the record before him.  The standard of           
          review in such instances may, thus, be characterized as an “abuse           
          of discretion” standard.  Of course, we may be asked to review              
          whether the Appeals officer correctly applied the law, e.g.,                
          whether he correctly interpreted some provision of section 6015,            
          which provides relief from joint and several liability on joint             
          returns.  Whether characterized as a review for abuse of discre-            
          tion or as a consideration “de novo” (of a question of law), we             
          must reject erroneous views of the law.  See Cooter & Gell v.               
          Hartmarx Corp., 496 U.S. 384, 405 (1990).1  Finally, if we are              
          asked to review whether the Appeals officer satisfied his obliga-           
          tion under section 6330(c)(1) to obtain verification that all               
          legal and administrative requirements have been met, we are not             

               1  As put by the Court of Appeals for the Second Circuit in            
          the context of reviewing a discretionary action taken by the                
          District Court for the Southern District of New York:  “It is not           
          inconsistent with the discretion standard for an appellate court            
          to decline to honor a purported exercise of discretion which was            
          infected by an error of law.”  Abrams v. Interco, Inc., 719 F.2d            
          23, 28 (2d Cir. 1983).                                                      





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