- 22 - election relates * * * if a petition has been filed with the Tax Court * * * until the decision of the Tax Court has become final. Accordingly, respondent determined that the final notice would be rescinded as it related to Mrs. Freeman’s 1980 through 1985 tax years. 5. Efficient Collection Versus Intrusiveness Petitioners argue that respondent failed to balance the need for efficient collection of taxes with the legitimate concern that the collection action be no more intrusive than necessary. See sec. 6330(c)(3)(C). Petitioners’ argument is not supported by the record. Petitioners have an outstanding tax liability. In their section 6330 hearing, petitioners proposed only an offer-in- compromise. Because no other collection alternatives were proposed, there were not less intrusive means for respondent to consider. We find that respondent balanced the need for efficient collection of taxes with petitioners’ legitimate concern that collection be no more intrusive than necessary. C. Conclusion Petitioners have not shown that respondent’s determination was arbitrary or capricious, or without sound basis in fact or law. For all of the above reasons, we hold that respondent’s determination was not an abuse of discretion, and respondent mayPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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