- 8 - 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 sustainingPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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