- 5 - of October 4, 2004, we denied respondent’s motion, allowing the case to proceed to trial. However, when afforded the opportunity at the time of trial to present meritorious arguments permitted under section 6330(c)(2), petitioner chose to submit the case fully stipulated, reiterating only the frivolous protester arguments previously rejected in our order of October 4, 2004. Because the underlying tax liability is not in dispute, we review the Appeals officer’s actions under an abuse of discretion standard. Sego v. Commissioner, 114 T.C. 604, 610 (2000); 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, lacked sound basis in fact, or was not justifiable in light of the facts and circumstances. Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). Before a lien may be placed on any property or right to property, a taxpayer is entitled to notice of intent to file a lien and notice of the right to a fair hearing before an impartial officer of the IRS Appeals Office. Sec. 6320(a) and (b). 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 officerPage: Previous 1 2 3 4 5 6 7 8 9 Next
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