Hector Castillo and Mooneem Castillo - Page 7

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          situation.  Respondent’s calculation was based on a financial               
          analysis of petitioners’ monthly net income generated by Dr.                
          Castillo’s medical practice and real estate investments.                    
               Respondent has the discretion to accept or reject an                   
          installment agreement proposed by a taxpayer under section 6159.            
          Sec. 301.6159-1(b)(1)(i), Proced. & Admin. Regs.  Section 6159              
          requires respondent to enter into installment agreements in                 
          certain circumstances not applicable to the facts before us.  See           
          sec. 6159(c).  Respondent’s rejection of the proposed installment           
          agreement on the grounds that it would not satisfy petitioners’             
          liability within the period of limitations on collection after              
          assessment contained in section 6502, plus allowable extensions,            
          is not an abuse of discretion.  See McCorkle v. Commissioner,               
          T.C. Memo. 2003-34.                                                         
          IV.  Section 6330(c)(3)(C) Balancing Test                                   
               Petitioners argue that respondent failed to balance the                
          Government’s need for the efficient collection of taxes with the            
          concern of the “person”, i.e., petitioners in this case, that any           
          collection action be no more intrusive than necessary.                      
          Petitioners also assert that respondent’s reliance on 2                     
          Administration, Internal Revenue Manual, sec. 5.14.1.4(6), at               
          17,508, was a violation of section 6330(c)(3)(C).  We are                   
          unpersuaded by these arguments.                                             








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