- 7 - for an abuse of discretion under section 6330(d)(1), generally we consider only arguments, issues, and other matters that were raised at the section 6330 hearing or otherwise brought to the attention of the Appeals Office. Magana v. Commissioner, 118 T.C. 488, 493 (2002); see also sec. 301.6330-1(f)(2), Q&A-F5, Proced. & Admin. Regs. Whether an abuse of discretion has occurred depends upon whether the exercise of discretion is without sound basis in fact or law. See Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367, 371 (1995). III. The Parties’ Arguments By the petition, petitioner assigns error to Mr. O’Shea’s determination that collection by levy of the unpaid tax should proceed. In support of his assignments, petitioner avers that (1) acceptance of an offer in compromise was in the best interest of respondent and petitioner, and (2) respondent improperly and prematurely concluded petitioner’s section 6330 hearing (the hearing). At trial, petitioner abandoned all issues raised in the petition except that Mr. O’Shea erred by prematurely concluding the hearing. To prove that Mr. O’Shea acted prematurely, petitioner asks us to consider extenuating circumstances that prevented him from meeting deadlines imposed by Mr. O’Shea. Respondent counters that Mr. O’Shea did not prematurely conclude the hearing and he did not abuse his discretion inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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