- 9 - chosen by the Commissioner is appropriate. See, e.g., Swanson v. Commissioner, 121 T.C. 111, 119 (2003) (challenge to appropriateness of collection reviewed for abuse of discretion). In order for a taxpayer to prevail under the abuse of discretion standard, it is not enough for the Court to conclude that the Court would not have authorized collection; the Court must conclude that, in authorizing collection, the Appeals officer has exercised discretion arbitrarily, capriciously, or without sound basis in fact. Estate of Jung v. Commissioner, 101 T.C. 412, 449 (1993); accord Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). An abuse of discretion occurs when a decision is based upon an erroneous legal standard or on a clearly erroneous finding of fact. Smith v. Marsh, 194 F.3d 1045, 1049 (9th Cir. 1999). In response to their request for an Appeals hearing, petitioners were afforded a conference with AO Cleveland via several telephone calls. Petitioners contended during the conference that the collection was inappropriate because all outstanding taxes were paid in accordance with the confirmed plan in the consolidated bankruptcy case. In support of their argument, petitioners presented as evidence a statement of account dated September 21, 1999, in which the IRS determined that petitioners had an overpayment ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007