Mehdi H. Hajiyani - Page 7

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          be no basis for the Court to hold that there was an abuse of                
          discretion with respect to the offer-in-compromise.3                        
               Petitioner’s final argument is that a portion of his tax               
          liabilities had been satisfied through offset and other                     
          collection by respondent.  However, the specific amounts of                 
          petitioner’s tax liabilities that remain unpaid have not been               
          addressed by him, and there is no evidence that respondent is               
          attempting to collect more than petitioner’s unpaid balance.                
               In summary, before the scheduled section 6330 hearing,                 
          petitioner’s sole defense to the proposed levy was his challenge            
          to the underlying tax liability.  Petitioner did not attend the             
          scheduled hearing, and through the time of the final notice he              
          did not offer spousal defenses, challenges to the appropriateness           
          of the collection action, or collection alternatives.                       
               We, accordingly, hold that respondent did not commit error             
          or abuse his discretion in his determination to proceed with                
          collection.                                                                 
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        for respondent.                               

               3It should be noted that petitioner’s offer-in-compromise              
          was with respect to doubt as to liability, which would address              
          the merits of the underlying liability.  Since petitioner is                
          precluded from questioning the underlying liabilities, his offer            
          would not provide him any relief in the setting of this                     
          proceeding.                                                                 





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