Gregory Drake - Page 45

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            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.                                     









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