- 13 - clearly unlawful, or without sound basis in fact or law.” Ewing v. Commissioner, 122 T.C. 32, 39 (2004); see also Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Review for abuse of discretion includes “any relevant issue relating to the unpaid tax or the proposed levy”, including “challenges to the appropriateness of collection actions” and “offers of collection alternatives” such as offers in compromise. Sec. 6330(c)(2)(A). Questions about the appropriateness of the collection action include whether it is proper for the Commissioner to proceed with the collection action as determined in the notice of determination, and whether the type and/or method of collection chosen by the Commissioner is appropriate. See, e.g., Swanson v. Commissioner, 121 T.C. 111, 119 (2003). As previously noted, offers in compromise are a specifically mentioned collection alternative, and they are therefore reviewed under an abuse of discretion standard. Sec. 6330(c)(2)(A)(iii). Additionally, whether respondent may proceed with collection of petitioner’s unpaid liabilities is a challenge to the appropriateness of collection. See sec. 6330(c)(2)(A)(ii); Swanson v. Commissioner, supra. Therefore, had petitioner raised the issue of the rejection of her offer in compromise in her petition to this Court, we would still hold summary judgment to be appropriate because therePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011