Estate of Melvine B. Atkinson, Deceased, Christopher J. MacQuarrie, Personal Representative - Page 16




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               explicit deadlines that respondent generously extended                 
               for petitioner’s benefit.                                              
          The Court concludes that respondent did not abuse his discretion            
          by:  (1) Failing to take into account information respondent                
          requested of the estate and that the estate failed to produce;              
          and (2) proceeding with the collection hearing despite the                  
          estate’s lack of files.  See Morlino v. Commissioner, T.C. Memo.            
          2005-203; Roman v. Commissioner, supra.                                     
               The estate also alleges that Mr. Feist spent a “grossly                
          inadequate period of time” considering the case.  The regulations           
          promulgated under section 6330 provide that there is no period of           
          time within which the Appeals Office must conduct a collection              
          hearing or issue a notice of determination.  The regulations                
          provide, in pertinent part, that while there is no set time                 
          deadline to conduct the Appeals hearing, “Appeals will, however,            
          attempt to conduct a CDP hearing and issue a Notice of                      
          Determination as expeditiously as possible under the                        
          circumstances.”  Sec. 301.6330-1(e)(3), Q&A-E9, Proced. & Admin.            
          Regs.  “[T]here is neither requirement nor reason that the                  
          Appeals officer wait a certain amount of time before rendering              
          his determination as to a proposed levy.”  Clawson v.                       
          Commissioner, T.C. Memo. 2004-106; see Murphy v. Commissioner,              
          supra at 322; Manjourides v. Commissioner, T.C. Memo. 2005-242;             
          Morlino v. Commissioner, supra.                                             








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