- 26 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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