Sal and Ruth Alaniz - Page 6

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                                     Discussion                                       
               Summary judgment may be granted only if it is demonstrated             
          that no genuine issue exists as to any material fact, and a                 
          decision may be rendered as a matter of law.  Rule 121(b);                  
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994).  Because the underlying tax                    
          liability is not in dispute, we review the Appeals officer’s                
          actions under an abuse of discretion standard.  Goza v.                     
          Commissioner, 114 T.C. 176, 181-182 (2000).  Under the abuse of             
          discretion standard, a determination will be affirmed unless the            
          respondent took action that was arbitrary or capricious, lacks              
          sound basis in fact, or is not justifiable in light of the facts            
          and circumstances.  Mailman v. Commissioner, 91 T.C. 1079, 1084             
          (1988).                                                                     
               Before a levy may be made on any property or right to                  
          property, a taxpayer is entitled to notice of intent to levy and            
          notice of the right to a fair hearing before an impartial officer           
          of the IRS Appeals Office.  Secs. 6330(a) and (b), 6331(d).                 
          Taxpayers may raise challenges to “the appropriateness of                   
          collection actions” and may make “offers of collection                      
          alternatives, which may include the posting of a bond, the                  
          substitution of other assets, an installment agreement, or an               
          offer-in-compromise”.  Sec. 6330(c)(2)(A).  The Appeals officer             
          must consider those issues, verify that the requirements of                 






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