- 17 - petitioners. As we discuss below, petitioners’ arguments are not persuasive. Clawson testified as to, inter alia, the “soft” real estate market since the Cape Coral property had been listed for sale in August 2001, petitioners’ inability to borrow any further against the Cape Coral property, petitioners’ business dealings between August 2001 and October 2002, and his understanding of the order of permanent injunction and the modified asset freeze contained therein. Much of Clawson’s testimony, on cross-examination, admitted dispositions of assets and increased borrowing against the Cape Coral property without application of any of the proceeds to petitioners’ tax obligations. This evidence, had it been presented to Luhmann, is not likely to have changed his determination and does not show an abuse of discretion. See, e.g., Pless v. Commissioner, T.C. Memo. 2004-24. There is no requirement that an Appeals officer take notes at a section 6330 hearing, and there is neither requirement nor reason that the Appeals officer wait a certain amount of time before rendering his determination as to a proposed levy. See sec. 301.6330-1(d)(2), Q&A-D6, Proced. & Admin. Regs.; sec. 301.6330-1(e)(3), Q&A-E9, Proced. & Admin. Regs. Moreover, Riley worked with petitioners for more than 1 year before their case was assigned to Luhmann. Accordingly, we reject petitioners’ argument that Luhmann abused his discretion on those grounds.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011