Robert B. Keenan - Page 11

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          taxpayer may raise, and the hearing officer must consider,                  
          relevant issues raised by the taxpayer in a section 6330 hearing.           
          See sec. 6330(c)(2).  However, it is well established that the              
          Commissioner and the courts need not consider or refute frivolous           
          arguments with copious citation and extended discussion.                    
          Williams v. Commissioner, 114 T.C. 136, 138-139 (2000) (citing              
          Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984)).  Mr.           
          Climan provided petitioner a meaningful opportunity to present              
          relevant, nonfrivolous arguments why the levy should not be                 
          allowed to proceed, but petitioner repeatedly refused to provide            
          any such arguments or information necessary to support them.  Mr.           
          Sample made several requests for information regarding                      
          petitioner’s financial condition both before and during the                 
          hearing, but petitioner failed to provide any such information.             
          Accordingly, we find that Mr. Sample did not abuse his discretion           
          in terminating petitioner’s section 6330 hearing.  There is a               
          limit to the tax system’s tolerance for unproductive and                    
          frivolous exchanges regarding a taxpayer’s obligations to file              
          returns and pay tax.  Kolker v. Commissioner, T.C. Memo. 2004-              
          288.                                                                        
               On this record, we conclude that there is no genuine issue             
          of material fact requiring a trial in this case, and we hold that           
          respondent is entitled to the entry of a decision sustaining the            
          proposed levy as a matter of law.                                           






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