- 45 - on that issue. Consequently, petitioner is not the prevailing party and is not entitled to an award of litigation costs pursuant to section 7430. We need not decide whether petitioner exhausted administrative remedies, whether petitioner unreasonably protracted the court proceedings, or whether the claimed litigation costs are reasonable. VI. Conclusion The record demonstrates that respondent’s Appeals Office (1) verified that the requirements of applicable laws and administrative procedures had been met, (2) properly addressed the issues raised by petitioner during the initial section 6330 hearing and the section 6330 hearing on remand, and (3) and balanced the need for the efficient collection of taxes with the concern that the collection action be no more intrusive than necessary. Consequently, we hold that the decision of respondent’s Appeals Office to sustain the proposed levy against petitioner is not an abuse of discretion. Accordingly, we hold that petitioner is not entitled to an award of litigation costs as the prevailing party. Additionally, petitioner’s “Motion to Compel Settlement” will be denied. We have considered all of the parties’ contentions. To the extent not addressed herein, such contentions are without merit or are unnecessary to reach.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011