- 7 - Petitioner objects to the appropriateness of the proposed collection action. Questions about the appropriateness of the collection action include whether it is proper for the Commissioner to proceed with the collection action as determined in the notice of determination, and whether the type and/or method of collection chosen by the Commissioner is appropriate. See, e.g., Swanson v. Commissioner, 121 T.C. 111, 119 (2003) (challenge to appropriateness of collection reviewed for abuse of discretion). In order for petitioner to prevail under the abuse of discretion standard, it is not enough for the Court to conclude that the Court would not have authorized collection; the Court must conclude that, in authorizing collection, the Appeals officer has exercised discretion arbitrarily, capriciously, or without sound basis in fact. Estate of Jung v. Commissioner, 101 T.C. 412, 452 (1993); accord Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). It has been held that an agency can abuse its discretion by neglecting a significant relevant factor, by giving weight to an irrelevant factor, or by considering only the proper factors but nevertheless making a clear error in judging their weight. Henry v. INS, 74 F.3d 1, 4 (1st Cir. 1996). Petitioner argues that he cannot pay any amount toward his tax liabilities greater than his OIC. The Appeals officer reviewed the financial information that petitioner submitted andPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011