- 3 - 1997 was inadequate. The Appeals officer concluded that petitioner’s monthly disposable income was $463.39 and that the monthly disposable income for the next 48 months totaled $22,242.72. After conceding the liabilities for 1993, 1994, and 1995 the Appeals officer concluded that the offer of $100 was “paltry” considering the outstanding debt of $4,249.07 for 1996 and 1997. On February 24, 2004, the Appeals Office issued the notice of determination sustaining its determination to proceed with collection of the outstanding liabilities for the 1996 and 1997 taxable years. As indicated, the notice of determination also indicated that collection action would not be sustained with respect to the outstanding tax liabilities for 1993, 1994, and 1995, and that said liabilities should be abated. Discussion This Court has jurisdiction under section 6330 to review the Commissioner’s administrative determinations. Sec. 6330(d). Where, as here, the validity of the underlying tax liability is not at issue, we review the determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 183 (2000). In so doing, we do not conduct an independent review of what would be an acceptable offer in compromise. Van Vlaenderen v. Commissioner, T.C. Memo. 2003-346. We review only whether the Appeals officer’s refusalPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011