Rudolph Harris, Sr., and Verline Harris - Page 7

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               Pursuant to section 6330(c)(2)(A), a taxpayer may raise at             
          the section 6330 hearing any relevant issue with regard to the              
          Commissioner’s collection activities, including spousal defenses,           
          challenges to the appropriateness of the Commissioner’s intended            
          collection action, and alternative means of collection.  Sego v.            
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114           
          T.C. 176, 180 (2000).  Mr. and Mrs. Harris are not challenging              
          their underlying liabilities.  See sec. 6330(c)(2)(B).                      
          Therefore, we review respondent’s determination for an abuse of             
          discretion.  See Sego v. Commissioner, supra at 610.                        
               Respondent stated that the settlement officer considered Mr.           
          and Mrs. Harris’s second OIC as part of their section 6330                  
          hearing. Respondent relies on Schenkel v. Commissioner, T.C.                
          Memo. 2003-37, for the proposition that there was no abuse of               
          discretion in this case.  Schenkel, however, is distinguishable             
          from the case at bar.                                                       
               In Schenkel, the Appeals officer received a completed Form             
          433-A directly from the taxpayer.  The taxpayer listed his                  
          assets, his monthly income, and his total monthly living                    
          expenses.  The Appeals officer reviewed the taxpayer’s OIC                  
          considering all the financial information the taxpayer submitted.           
          The Appeals officer himself calculated the taxpayer’s total                 
          allowable monthly living expenses.  Upon an independent review of           
          the underlying documentation, the Appeals officer concluded that            






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