- 4 - Installment Agreement on or about January 1, 2000. The taxpayer made these monthly payments on a reasonably regular basis until February 27, 2002. Given the aggregate amount of the taxpayer’s liability at the time the installment agreement was initiated, her contention that the balance due was ‘never decreasing’ is essentially correct ($1,200 paid per year would do little more than pay the interest of the aggregate liability). However, this would indicate that the installment agreement itself was ‘faulty’ in that the creator of the agreement should have set a much greater monthly payment in order to liquidate the aggregate liability within a reasonable time span. This retrospective observation, however, in no way addresses whether or not levy action is appropriate, as the taxpayer has not expressed any interest in modifying the terms of an installment agreement in order to fully pay the remaining outstanding liabilities. On May 29, 2003, the Appeals Office issued the Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330, notifying petitioner of the determination to proceed with collection of the outstanding liabilities for the 1992, 1993, 1995, and 1996 taxable years. 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,3 we review the determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza 3 Indeed, it appears from respondent’s records that petitioner signed a waiver of assessment with respect to the 1993 and 1995 taxable years.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011