Robert Holliday - Page 5

                                        - 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 officer             






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011