Gerry Ashurst - Page 9

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          proposed levy.  Sec. 6330(c)(2).  Such issues include any                   
          appropriate spousal defense, challenges to the appropriateness of           
          collection, and offers of collection alternatives such as an                
          installment agreement or an offer-in-compromise.  Sec.                      
          6330(c)(2)(A).  After the hearing, a determination is made that             
          addresses those issues raised by the taxpayer, verifies that all            
          requirements of applicable law and administrative procedures have           
          been met, and balances the need for the efficient collection of             
          taxes with the legitimate concern of the person that any                    
          collection action be no more intrusive than necessary.  Sec.                
          6330(c)(3)(C).                                                              
               The sole issue raised by petitioners both at the hearing and           
          at trial is respondent’s consideration of their OIC.  We must               
          decide, therefore, whether the Settlement officer’s rejection of            
          petitioner’s OIC was proper.                                                
          A.   Standard of review                                                     
               Because the validity of petitioners’ underlying tax                    
          liabilities is not in issue, we review the administrative                   
          determination for abuse of discretion.  See Sego v. Commissioner,           
          114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176,               
          181-183 (2000).  In doing so, we do not conduct an independent              
          review of what would be an acceptable offer in compromise.                  
          Rather, we review only whether the Settlement officer's refusal             
          to accept petitioners’ OIC was arbitrary, capricious, or without            






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