- 16 - set forth below, we sustain Luhmann’s determination whether or not we consider the additional evidence. The sole issue raised by petitioners at their section 6330 hearing was an offer of a collection alternative. The collection alternative proposed by petitioners involved postponing the levy to allow petitioners to sell the Cape Coral property at some unspecified point in the future for its market value, approximately $2,700,000. (As of the time of trial in September 2003, the Cape Coral property had not been sold.) Petitioners argue that Luhmann abused his discretion by rejecting their proposed collection alternative because he failed to take into consideration the impact of the events of September 11, 2001, on petitioners’ ability to sell the Cape Coral property. Moreover, petitioners argue that Luhmann abused his discretion by sustaining the proposed levy because he (1) did not request updated financial information from petitioners in his letter of September 27, 2002; (2) did not give greater consideration to the impact of the order of permanent injunction on petitioners’ ability to pay their income tax liabilities for 1999 and 2000; (3) did not include any notes from his telephonic meeting with McKinnon on October 21, 2002, in the administrative record; and (4) reached his decision to sustain the proposed levy in “barely one month” from the time that he contactedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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