Myrtle Jean Clark - Page 5

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          began collection activity.  * * *  The date of the collection               
          activity on your account, after the enactment of IRC Section 6015           
          was May 3, 1999.”  On January 29, 2004, respondent mailed to                
          petitioner a preliminary determination proposing to deny                    
          petitioner’s request for innocent spouse relief under section               
          6015(b), (c), and (f) for 1992 for the reason the request was               
          received “more than two years after the date * * * [the Internal            
          Revenue Service] began collection activity.  * * *  The date of             
          the first collection activity on your account, after the                    
          enactment of IRC section 6015 was January 22, 2001.”3                       
               Petitioner filed an amended petition with this Court for               
          1991, 1992, and 1993 on January 5, 2004, appealing respondent’s             
          determinations.  The sole issue for decision is whether denial of           
          relief for 1991, 1992, and 1993 was an abuse of respondent’s                
          discretion.                                                                 
               Where the underlying tax liability is not at issue, as in              
          this case, the Court reviews the determination regarding                    
          collection actions on the basis of whether there was an abuse of            
          discretion by respondent.  Sego v. Commissioner, 114 T.C. 604,              
          610 (2000).  An abuse of discretion is defined as any action that           

               3Though the preliminary notice for 1992 and 1993 stated that           
          the first collection activity on that account was Jan. 22, 2001,            
          as opposed to Dec. 13, 2000, this discrepancy is insignificant to           
          the issue because May 21, 2003, is still more than 2 years after            
          Jan. 21, 2001.  Respondent contends that Dec. 13, 2001, the date            
          the collection notices were sent, is the date of the first                  
          collection activity on each of the accounts.                                




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