- 8 - 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 withoutPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011