Scott Perry Picchiottino - Page 13

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                    2.  “Inability to pay”                                            
               Petitioner’s claim regarding inability to pay, apparently on           
          account of unemployment, bears upon issues such as collection               
          alternatives that the Court reviews 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).                      
               Here, the record reflects no abuse of discretion by                    
          respondent in declining to alter the proposed collection activity           
          on account of petitioner’s unsupported assertions of financial              
          difficulties.  To enable the Commissioner to evaluate a                     
          taxpayer’s qualification for collection alternatives or other               
          relief in the face of allegations of economic hardship, the                 
          taxpayer must submit complete and current financial data.                   
               Petitioner, however, never supplied a current Form 433-A,              
          Collection Information Statement for Wage Earners and Self-                 
          Employed Individuals, or other financial information to                     
          respondent, despite an express request and explanation of the               
          reason therefor from respondent.  The notice of determination               
          indicates that “aged” financial information had generated the               
          temporary “not collectible” designation made by “Compliance”, but           
          that petitioner did not submit current materials when asked to do           

               9(...continued)                                                        
          enacted by Congress.  Fein v. United States, 22 F.3d 631, 634               
          (5th Cir. 1994).                                                            





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