- 9 - Commissioner, 117 T.C. 183, 185 (2001); Sego v. Commissioner, supra at 610; Goza v. Commissioner, 114 T.C. 176, 182 (2000). An abuse of discretion occurs if the Appeals Office exercises its discretion “arbitrarily, capriciously, or without sound basis in fact or law.” Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Petitioners do not dispute their underlying tax liabilities for any of the relevant years. Accordingly, we shall review respondent’s determination for abuse of discretion in deciding whether to grant respondent’s summary judgment motion. In their petition, petitioners allege that respondent abused his discretion by failing to consider the reality of petitioners’ income, health status, and expenses when determining petitioners’ ability to pay under an installment agreement. Respondent argues that he did not abuse his discretion by sustaining the proposed levy. On the record presented in support of respondent’s summary judgment motion, we conclude that there is no material fact in dispute regarding the exercise of respondent’s discretion. Petitioners did not file any response to respondent’s summary judgment motion. Because they did not respond, we are left with the task of reviewing the motion record without the benefit of petitioners’ guidance. The record shows that Officer Clark did not abuse his discretion by making adjustments to petitioners’ Form 433-A.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007