- 9 - that any collection action be no more intrusive than necessary”. Sec. 6330(c)(3)(C). At the CDP hearing, petitioners did not argue that any portion of their outstanding tax liability for 1994 is uncollectible. Because petitioners do not dispute the underlying tax liability, we review respondent’s determination for an abuse of discretion. Sec. 6330(d); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). An abuse of discretion occurs when the Commissioner takes action that is arbitrary or capricious, lacks a sound basis in law, or is not justifiable in light of the facts and circumstances. Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). Petitioners argue that respondent’s actions amounted to an abuse of discretion because petitioners were not notified of their default, and respondent’s Appeals officer unreasonably denied petitioners’ request at the CDP hearing that the terms of the underlying OIC be reinstated. For the reasons stated below, we find that there was no abuse of discretion in this case. Notice of Default Petitioners assert that respondent did not provide them with notice of default before a Notice of Federal Tax Lien was issued. The OIC Case history shows that when petitioners failed to pay the $5,000 due on September 27, 1997, the Commissioner’s collections personnel contacted petitioners by letter dated October 6, 1997, whereby the Commissioner applied interest ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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