John A. Roberts - Page 10

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          118 T.C. 488, 493 (2002).  In deciding whether the Appeals Office           
          abused its discretion we must decide whether that office acted              
          arbitrarily, capriciously, or without sound basis in fact.  See             
          Jonson v. Commissioner, 118 T.C. 106, 125 (2002).                           
          II.  Arguments of the Parties                                               
               Petitioner asks us to void respondent’s determination                  
          sustaining the proposed levy on the ground that, for the years in           
          issue, the section 6502 period for collection after assessment              
          (the section 6502 period) has expired.  In support of his                   
          position, petitioner argues that the 1991 extensions are invalid.           
          For 1982, petitioner additionally argues that the section 6502              
          period with respect to the June 6, 1983, tax assessment (the 1983           
          assessment) had expired before October 8, 1991, the date on which           
          the 1991 extensions were executed.  Therefore, petitioner argues            
          that respondent’s determination was “arbitrary and capricious”,             
          thereby constituting an abuse of discretion.  Respondent asks us            
          to reject petitioner’s arguments and sustain his determination.             
          III.  Petitioner’s Relevancy Objections                                     
               As a preliminary matter, petitioner objects, on the basis of           
          relevancy, to our receiving into evidence two of the stipulated             
          exhibits:  Exhibit 18-J, the TXMODA transcript reflecting                   
          petitioner’s account for 1982, and Exhibit 19-J, the Transaction            
          Codes Pocket Guide, Document 11734, published by the IRS (the               
          transaction codes guide).                                                   






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