William H. and Jo Anne Lindley - Page 26

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               3.   Unassessed Years                                                  
               Petitioners argue that respondent abused his discretion by             
          failing to consider their offer-in-compromise as it relates to              
          their unassessed tax years, 1991 through 1995.  Respondent                  
          proposed collection action for only 1987 through 1990.  The                 
          ultimate issue in this case is whether respondent abused his                
          discretion in determining that collection action for 1987 through           
          1990 may proceed.  Whether respondent can or should compromise              
          petitioners’ tax liability for years outside of those for which             
          collection action has been proposed is not relevant to our                  
          determination.  Petitioners’ argument is without merit.                     
               4.   Efficient Collection Versus Intrusiveness                         
               Petitioners argue that respondent failed to balance the need           
          for efficient collection of taxes with the legitimate concern               
          that the collection action be no more intrusive than necessary.             
          See sec. 6330(c)(3)(C).  Petitioners’ argument is not supported             
          by the record.                                                              
               Petitioners have an outstanding tax liability.  In their               
          section 6330 hearing, petitioners proposed only an offer-in-                
          compromise.  Because no other collection alternatives were                  
          proposed, there were not less intrusive means for respondent to             
          consider.  We find that respondent balanced the need for                    
          efficient collection of taxes with petitioners’ legitimate                  
          concern that collection be no more intrusive than necessary.                






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