- 15 - settlement officer even though it is not part of the administrative record. In Robinette v. Commissioner, 123 T.C. 85 (2004), we held that when reviewing the Commissioner’s determination pursuant to section 6330 the evidence we may consider is not limited to the administrative record. For the reasons stated in Robinette, respondent’s objection is overruled. Id. B. The Controversy Before The Court Petitioner claims that the settlement officer’s sustaining the nominee liens was an abuse of discretion. Petitioner argues that we should also review respondent’s return/rejection of the OIC. Petitioner claims that the OIC was a collection alternative that was raised and considered during the hearing. Petitioner argues that respondent abused his discretion in his determination to “reject” the OIC by proceeding with collection while “reconsideration” of the OIC was pending. Respondent contends that the only issue before us is the sustaining of the nominee liens, and petitioner lacks standing to challenge respondent’s determination on this issue. Respondent claims that the settlement officer was assigned two separate requests for Appeals consideration: (1) The section 6330 hearing (regarding the nominee liens), and (2) the appeal of respondent’s rejection of the OIC. Respondent asserts that the settlement officer’s decision to return the OIC to Compliance for additionalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011