- 11 - public confidence that the tax laws are being administered in a fair and equitable manner; and (2) compromise will not undermine compliance by taxpayers with the tax laws. Sec. 301.7122- 1(b)(3), Proced. & Admin. Regs. II. Analysis Nothing in the record indicates that petitioner has at any time throughout the administrative or judicial proceedings attempted to challenge his underlying tax liability. Accordingly, we review respondent’s determination to proceed with collection for abuse of discretion. Action constitutes an abuse of discretion under this standard where arbitrary, capricious, or without sound basis in fact or law. Woodral v. Commissioner, 112 T.C. 19, 23 (1999). In arguing that rejection of his offer was an abuse of discretion and deprived him of a fair hearing, petitioner focuses on the “deadline” allegedly set by Mr. Kroll. In his response to respondent’s motion, petitioner makes what he characterizes as an “equitable argument” and contends as follows: Settlement Officer Kroll should not have unilaterally decided on a “deadline” for submission of documents, and then not communicated the “deadline” to Petitioner’s counsel. The administrative record reveals that the Settlement Officer made repeated requests for additional information, all of which except the last were responded to. Additionally, Petitioner, through his counsel, responded to each request, and also responded when there was a delay in providing the documents responsive to the last request. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011