Warren L. Owens - Page 12

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               Nonetheless, even if petitioner were entitled to contest his           
          underlying liabilities at this juncture, he has at no time                  
          offered requisite evidence in substantiation of the positions               
          taken upon the 1991 Form 1040.  During the administrative process           
          before Appeals, petitioner was afforded an opportunity to submit            
          information for reconsideration of his liability but declined to            
          do so.  He was even given an additional 2 weeks after the                   
          collection hearing to provide documentation but did not take                
          advantage of this chance.  At the hearing on respondent’s motion,           
          he again mentioned possible supporting materials but had made no            
          effort to bring such items.  Thus, even a de novo review would              
          not aid petitioner as the record now stands, and he has been                
          given multiple opportunities to remedy this defect.                         
               B.  Review for Abuse of Discretion                                     
               Regardless of the availability of review under section                 
          6330(c)(2)(B) of underlying liability, section 6330(c)(2)(A)                
          directs that taxpayers may raise at collection hearings relevant            
          issues relating to the unpaid tax or proposed collection action             
          including, inter alia, spousal defenses, challenges to the                  
          appropriateness of the collection action, and collection                    
          alternatives.  Determinations made by the Appeals Office with               
          respect to these issues are reviewed for abuse of discretion.               
          Action constitutes an abuse of discretion under this standard               
          where arbitrary, capricious, or without sound basis in fact or              






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