Stephen Mitchell Day - Page 5

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               Petitioner timely filed with this Court a Petition for Lien            
          or Levy Action Under Code Section 6330(d).  The only relevant               
          issue raised is whether petitioner was denied an opportunity for            
          a fair and meaningful hearing under section 6330.3  Petitioner              
          contends that Settlement Officer Craca was not impartial, based             
          upon her letter dated November 19, 2002, denying postponement of            
          the hearing.  Petitioner further contends that Settlement Officer           
          Craca should have postponed the hearing scheduled for November              
          21, 2002, to allow the attendance of petitioner’s tax return                
          preparer and to account for matters in his personal life.4                  
                                     Discussion                                       
               This Court has jurisdiction to review the Commissioner’s               
          administrative determination under section 6330.  Sec. 6330(d).             
          Where, as here, the validity of the underlying tax liability is             
          not at issue, we review such determination for abuse of                     
          discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza           
          v. Commissioner, 114 T.C. 176, 183 (2000).                                  


               3  As we indicated earlier, petitioner does not challenge              
          the existence or amount of the underlying tax liabilities for               
          1995 and 1996.  Moreover, petitioner concedes that respondent               
          satisfied the verification requirement under sec. 6330(c)(1).               
               4  Petitioner also complains of delays by respondent.  While           
          this may be an issue of concern in other cases, any delay by                
          respondent in the present case actually afforded petitioner ample           
          opportunity to effect his expressed desire to submit a collection           
          alternative.  Petitioner cannot, on the one hand, complain about            
          not having enough time to prepare and file an offer in                      
          compromise, and, on the other hand, complain about delays by                
          respondent that had no effect on petitioner’s ability to prepare            
          and file such offer.                                                        




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