- 54 - could proceed, the Appeals officer should have obtained the guidance he needed from the National Office before he made his determination in this case. An Appeals officer is required by section 6330(c)(3) to consider “whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary.” Until the Appeals officer had fully explored whether and under what circumstances he had authority to reinstate petitioner’s offer-in-compromise, it was impossible for the Appeals officer to conduct the balancing analysis that section 6330(c)(3) requires. Coupled with the Appeals officer’s reluctance to fully explore the facts regarding petitioner’s compliance with the terms and conditions of the offer-in- compromise, which the majority discusses at length, the failure to obtain the necessary guidance from the National Office supports a conclusion that the balancing required by section 6330(c)(3) did not occur and that the Appeals officer abused his discretion in upholding the proposed collection action. LARO and WHERRY, JJ., agree with this concurring opinion.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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