Gary and Cynthia Stein - Page 10

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          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 of               






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