- 34 - document such analysis in a manner or form that would enable objective verification thereof by an Appeals officer in some future proceeding. Moreover, the structure of section 6330 as enacted is such that the Appeals officer is expressly instructed to consider collection alternatives, presumably de novo, and courts are granted jurisdiction to review the Appeals officer’s exercise of discretion, not that of an earlier revenue officer. Petitioners’ approach does not harmonize with the language of the statute. The Court concludes that the verification requirement was met on the facts of these cases. Petitioners also advance complaints with respect to the Appeals officer’s consideration of issues they raised in connection with the hearing. These complaints, apparently seeking to show contravention of section 6330(c)(3)(B), center on the interrelated categories of compliance and collection alternatives. Regarding compliance, neither party disputes that current compliance with tax laws is generally considered a prerequisite, under established IRS policy, of eligibility for collection alternatives. See, e.g., Rodriguez v. Commissioner, T.C. Memo. 2003-153; Londono v. Commissioner, T.C. Memo. 2003-99; Tabak v. Commissioner, T.C. Memo. 2003-4. Nor is there any material disagreement that petitioners’ compliance record for the years in issue was, in petitioners’ words, “not exemplary” or, in respondent’s characterization, “abysmal”. Petitioners argue,Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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