- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011