- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011