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documentation attached. Further, the information was not current
and was grossly insufficient to permit reasonable consideration
of an OIC.
There is no abuse of discretion in failing to consider an
OIC, when no OIC has been made after a taxpayer has been given a
reasonable opportunity to submit one. Kendricks v. Commissioner,
124 T.C. 69, 79 (2005). Petitioner had adequate opportunity to
make an OIC but did not and, therefore, there were no less
intrusive means of collection for the Appeals officer to
consider. Consequently, the settlement officer considered each
item required by section 6330 and reached the determination that
the filing of the notice of lien was appropriate.
Furthermore, the information in the Form 433-A weighed
dramatically against the appropriateness of respondent’s
accepting an OIC. Petitioner listed $5,000 per month in income
with $2,725 per month in expenses. (Petitioner indicated that
these expenses were for himself and his girlfriend. While the
allowance of all of these expenses is questionable at the very
least, we include all of them for illustration.) Petitioner
valued his assets as: over $4,000 in a checking account, a house
worth $80,000, “nice furniture” worth $100,000, a Peterbilt
sleeper cab worth $100,000, a utility trailer worth $65,000, and
a pickup truck worth $53,000. Petitioner owned all of these
assets free and clear, with no encumbrances. The Form 433-A
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Last modified: November 10, 2007