Richard T. and Catherine L.. Lites - Page 14

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          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.              




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