- 3 - he or she may raise any relevant issue relating to the unpaid tax or to the tax lien, including challenges to the appropriateness of the collection action and “offers of collection alternatives, which may include the posting of a bond, the substitution of other assets, an installment agreement, or an offer-in- compromise.” Sec. 6330(c)(2)(A); see also sec. 6320(c). A determination takes into account consideration of the verification that the requirements of the applicable law and administrative procedures have been met and “whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary.” Sec. 6330(c)(3)(C). There is no issue here concerning the correctness of the amounts of the tax liabilities for 1996 and 1997.2 There is also no dispute that the taxes were properly assessed and that petitioner has failed to pay these liabilities. We, therefore, review the Appeals Office’s refusal to lift the tax lien by the standard whether it was an abuse of discretion; i.e., whether it was arbitrary, capricious, or without sound basis in fact or law. We do not substitute our judgment for that of the Appeals Office. See sec. 6330(d); Murphy v. Commissioner, 125 T.C. 301, 308, 320- 2 The original assessment was corrected to reflect the amounts shown on petitioner’s 1996 and 1997 returns that were filed on Feb. 7, 2005.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011