Laura G. Cook - Page 9

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          or judicially challenge the determinations therein; she even                
          offered to pay the tax liabilities under the installment method.            
          Petitioner, therefore, fully understood the consent to the                  
          assessment.  The Court lacks jurisdiction to consider the                   
          underlying tax liability under section 6330(d)(1).  The only                
          issue is whether respondent committed an abuse of discretion in             
          determining that collection of petitioner’s 1993 and 1994 tax               
          liabilities should proceed.  There is an abuse of discretion                
          where respondent’s action is arbitrary, capricious, or without              
          sound basis in fact or law.  Woodral v. Commissioner, 112 T.C.              
          19, 23 (1999).                                                              
               Petitioner’s sole contention was that she does not owe the             
          taxes at issue.  She did not, at the hearing, offer any                     
          collection alternatives and asserted no spousal defenses.  She              
          received an appropriate hearing for purposes of section                     
          6330(b)(1).  Day v. Commissioner, T.C. Memo. 2004-30; Leineweber            
          v. Commissioner, T.C. Memo. 2004-17; Dorra v. Commissioner, T.C.            
          Memo. 2004-16; sec. 301.6330-1(d)(2), Q&A-D6, Proced. & Admin.              
          Regs.  Respondent properly verified that the requirements of                
          applicable law and administrative procedures were met, and                  
          respondent balanced the need for efficient collection of taxes              
          with the legitimate concern of petitioner that the collection               
          action be no more intrusive than necessary.  On this record, the            
          Court holds that there was no abuse of discretion in sustaining             





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