Mohammed Ali Gazi and Estate of Raees Iftekhar Gazi, Deceased, Mohammed Ali Gazi, Personal Representative - Page 19




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               We turn now to the argument of Mr. Gazi and Ms. Gazi’s                 
          estate that respondent abused respondent’s discretion in making             
          the determinations in the notice of determination because the               
          settlement officer refused “to grant Petitioner additional time             
          to submit an Offer in Compromise as a collection alternative in             
          this matter.”  There is no requirement that the Commissioner wait           
          a certain amount of time before making a determination as to a              
          proposed levy.  See sec. 301.6330-1(e)(3), Q&A-E9, Proced. &                
          Admin. Regs.9  Section 301.6330-1(e)(3), Q&A-E9, Proced. & Admin.           
          Regs., provides that there is no period of time within which the            
          Appeals Office must conduct a hearing under section 6330 or issue           
          a notice of determination under that section and that “Appeals              
          will * * * attempt to conduct a * * * [hearing under section                
          6330] and issue a Notice of Determination as expeditiously as               
          possible under the circumstances.”                                          
               On the record before us, we find that the settlement offi-             
          cer’s refusal (1) to reschedule the Appeals Office hearing from             
          May 15, 2006, to at least one week later and (2) to consider                
          further collection alternatives proposed by the taxpayer was                
          reasonable in light of the circumstances presented.  In the                 
          settlement officer’s March 27, 2006 letter, the settlement                  
          officer offered Mr. Gazi and Ms. Gazi’s estate the opportunity to           
          have a face-to-face Appeals Office hearing on April 25, 2006, and           

               9See also Clawson v. Commissioner, T.C. Memo. 2004-106.                





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