Jerry B. and Donna E. Clawson - Page 17

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          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.               






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