Layvonne Newell - Page 15

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          her response to respondent’s motion, she writes:  “I know I’m               
          still responsible for this liability and I am willing to resolve            
          this matter, but I cannot afford $700 per month.”  She likewise             
          stated at the hearing that “this case has come about because I do           
          owe the Government money.”  Accordingly, we review respondent’s             
          determination to proceed with collection for abuse of discretion.           
          Action constitutes an abuse of discretion under this standard               
          where arbitrary, capricious, or without sound basis in fact or              
          law.  Woodral v. Commissioner, 112 T.C. 19, 23 (1999).                      
               In her petition, petitioner asks for “an extension on the              
          payment period”, and in her response to the motion for summary              
          judgment she expresses a willingness “to work out another payment           
          plan or an offer in compromise”.  Sections 6159 and 7122 govern             
          installment agreements and offers-in-compromise, respectively.              
               Section 6159(a), as in effect at the time petitioner’s case            
          was before the IRS Office of Appeals, provided:  “The Secretary             
          is authorized to enter into written agreements with any taxpayer            
          under which such taxpayer is allowed to satisfy liability for               
          payment of any tax in installment payments if the Secretary                 
          determines that such agreement will facilitate collection of such           
          liability.”  Regulations promulgated under section 6159 grant to            
          the IRS discretion to accept or reject any proposed installment             
          agreement.  Sec. 301.6159-1(b)(1)(i), Proced. & Admin. Regs.  The           
          IRS has set forth procedures in the Internal Revenue Manual (IRM)           






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