Robert Conde Del'Giudice - Page 6

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               Petitioner’s only argument is that it was an abuse of                  
          discretion for respondent to decline to accept his OIC predicated           
          on doubt as to collectibility.                                              
               Under section 7122, the Secretary is authorized to                     
          compromise civil or criminal tax liabilities.  Doubt as to                  
          collectibility exists where the taxpayer’s assets and income are            
          less than the full amount of the tax liability.  Sec. 301.7122-             
          1(b)(2), Proced. & Admin. Regs.  In determining ability to pay,             
          taxpayers are allowed to retain sufficient funds to pay “basic              
          living expenses” determined under the individual’s facts and                
          circumstances.  Sec. 301.7122-1(c)(2), Proced & Admin. Regs.                
          Guidelines published by the Secretary on national and local                 
          living expense standards are to be taken into account. Id.                  
               Section 7122 provides for administrative but not judicial              
          review of a rejection of a proposed OIC.  Sec. 7122(d); sec.                
          301.7122-1(f)(5), Proced & Admin. Regs.; see also Olsen v. United           
          States, 326 F. Supp. 2d 184, 188 (D. Mass.  2004), affd. 414 F.3d           
          144, 156-157 (1st Cir. 2005).                                               
          Section 6330                                                                
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by way of a levy until the taxpayer has             
          been given notice and the opportunity for an administrative                 

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