- 14 - testified that he continued, until some 3 months before trial, to make payments of about $700 per month on a recreational boat. We conclude that petitioners are liable for the section 6651(a)(2) additions to tax for failure to pay the amounts shown on their Federal income tax returns for 1999 and 2000. Installment Agreement On brief, petitioners argue that the Appeals officer abused her discretion in rejecting their installment agreement proposals. They requested an installment agreement whereby they would pay $1,200 per month in full discharge of their tax liabilities.8 We review this matter for abuse of discretion. See Orum v. Commissioner, 123 T.C. 1, 12-13 (2004), affd. 412 F.3d 819 (7th Cir. 2005). An abuse of discretion occurs when respondent takes action that is arbitrary or capricious, lacks sound basis in law, or is not justifiable in light of the facts and circumstances. Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). Pursuant to section 6159(a), as in effect during the period covering the administrative proceedings in this case, the 8 In their request for an administrative hearing, petitioners requested an offer in compromise based on doubt as to collectability, and, in the alternative, an installment agreement. In the administrative hearing, however, petitioners pursued only an installment agreement. Consequently, the Appeals officer did not consider petitioners’ eligibility for an offer in compromise. In this Court proceeding, petitioners have not argued that they should be entitled to an offer in compromise.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011