Arthur Manjourides - Page 7

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          discretion in rejecting an installment agreement on the separate            
          ground that petitioner was noncompliant with his current tax                
          obligations.  See Orum v. Commissioner, 412 F.3d at 821.                    
               Petitioner contends that the Appeals Office hearing was                
          closed “prematurely”.  The regulations provide that there is no             
          period of time within which the Appeals Office must conduct a               
          section 6330 hearing or issue a notice of determination and state           
          in part:  “Appeals will, however, attempt to conduct a * * *                
          [section 6330 hearing] and issue a Notice of Determination as               
          expeditiously as possible under the circumstances.”  Sec.                   
          301.6330-1(e)(3), Q&A-E9, Proced. & Admin. Regs.                            
               In Clawson v. Commissioner, T.C. Memo. 2004-106, the                   
          taxpayers sought to postpone a proposed levy to allow them time             
          to sell certain real estate.  The Appeals officer waited only 9             
          days after conducting a telephone conference with the taxpayers’            
          representative before issuing an adverse determination.  The                
          Court concluded that the Appeals officer did not abuse his                  
          discretion, stating:  “there is neither a requirement nor reason            
          that the Appeals officer wait a certain amount of time before               
          rendering his determination as to a proposed levy.”  See also               
          Morlino v. Commissioner, T.C. Memo. 2005-203; Roman v.                      
          Commissioner, T.C. Memo. 2004-20.                                           
               Almost 3 weeks elapsed between petitioner’s August 31, 2004,           
          telephone conference with the Appeals officer and the issuance of           






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