Carolyn D. Ramirez - Page 10

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          Collection System”.  Under these circumstances, we believe the              
          Appeals officer’s decision not to review petitioner’s offer in              
          compromise was an abuse of his discretion and denied petitioner             
          her right to a fair hearing under section 6330.                             
              Where a taxpayer is not afforded a proper opportunity for a            
          hearing under section 6330, the Court can remand the case to the            
          Appeals office to hold a hearing if we “believe that it is either           
          necessary or productive”.  Lunsford v. Commissioner, 117 T.C.               
          183, 189 (2001); Day v. Commissioner, T.C. Memo. 2004-30.  In the           
          present case, petitioner claims that she has evidence that her              
          assets are of lower value than the Commissioner previously                  
          believed and that she should not be required to pay her tax                 
          obligations in full immediately.  We believe there is a                     
          possibility that a productive result may occur from remanding               
          petitioner’s case to the Appeals office for a proper hearing and            
          review of petitioner’s offer in compromise.                                 
               To reflect the foregoing,                                              
                                                  An appropriate order                
                                             will be issued.                          














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