Stuart Hult - Page 2




                                        - 2 -                                         
          Federal Tax Lien, filed on or about October 21, 2003, is an                 
          appropriate collection device with respect to petitioner’s                  
          outstanding Federal income tax liabilities for the years 1996               
          through 1999, inclusive, which liabilities, including additions             
          to tax and interest, at the time totaled more than $56,000                  
          (petitioner’s outstanding tax liabilities).                                 
               The issue for decision is whether respondent abused his                
          discretion:2  (1) By refusing to release or withdraw the above-             
          referenced Notice of Federal Tax Lien, and/or (2) by rejecting              
          petitioner’s proposed collection alternative.                               
                                     Background                                       
               The absence of a stipulation of facts notwithstanding,                 
          see Rule 91, the relevant facts in this case are relatively                 
          straightforward and easily summarized.                                      
               Petitioner’s outstanding tax liabilities arise from                    
          amounts reported on Federal income tax returns.  As best as can             
          be determined from the record, each return was filed late, and              
          the unpaid tax liability shown on each return is attributable               

               2 In his request for an administrative hearing, petitioner             
          alleged that the “IRS assigns arbitrary amounts due without                 
          providing any basis for its outstanding amount determinations”.             
          Similarly, in the petition, petitioner alleges that “lien                   
          collection amounts are arbitrary”.  Because nothing was submitted           
          supporting those allegations during either the administrative               
          hearing or the trial, we do not consider petitioner to have                 
          challenged the existence or the amount of his outstanding tax               
          liabilities.  Consequently, we review respondent’s collection               
          action for abuse of discretion.  Sego v. Commissioner, 114 T.C.             
          604, 610 (2000).                                                            





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