- 36 - determination. The taxpayer argued that the Appeals officer abused his discretion because he reached his decision to sustain the proposed levy in “barely one month” after he contacted petitioners. We held: “[T]here is neither requirement nor reason that the Appeals officer wait a certain amount of time before rendering his determination as to a proposed levy.” As authority, we cited section 301.6330-1(e)(3), Q&A-E9, Proced. & Admin. Regs., which provides that there is no period of time in which Appeals must conduct a section 6330 hearing or issue a notice of determination: “Appeals will, however, attempt to conduct a * * * [section 6330 hearing] and issue a Notice of Determination as expeditiously as possible under the circumstances.” In this case, Ms. Boudreau reached her decision that respondent’s collection action should stand more than 8 months after she was assigned to petitioner’s case. On being assigned to the case, she contacted petitioner’s representative, Mr. Burke, and promptly met with him. She received from him an offer in compromise and certain supporting information. She requested from him additional information and documents necessary for her to review the offer. Mr. Burke missed numerous due dates for submitting additional information, and, on one occasion, she closed the case because of Mr. Burke’s failure to meet submission due dates. It took Mr. Burke more than 4 months to provide toPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011