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year 2001. On March 29, 2006, the Court granted respondent’s
motion.
OPINION
Petitioner does not dispute the underlying tax liabilities.
Where the validity of the liability is not at issue, the Court
reviews the Commissioner’s administrative determination for abuse
of discretion. Goza v. Commissioner, 114 T.C. 176, 182 (2000).
Respondent’s determination will be sustained unless the
determination is arbitrary, capricious, clearly unlawful, or
without sound basis in fact or law. Woodral v. Commissioner, 112
T.C. 19, 23 (1999).
Petitioner contends that respondent abused his discretion by
not accepting the December OIC. Section 71221 authorizes
respondent to grant an OIC as an alternative to pursuing a
collection action, but petitioner must provide detailed financial
statements and supporting documentation. Sec. 301.7122-1(d)(2),
Proced. & Admin. Regs. Respondent, on numerous occasions,
requested supporting documentation from petitioner. Petitioner,
however, failed to provide the requested information. Indeed,
respondent was unable to properly evaluate the December OIC
because petitioner did not provide the supporting documentation
1 Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue.
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