Stuart Hult - Page 10




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          were considered by the same settlement officer, Mr. Blais,6 and             
          even though the issues raised in those proceedings were                     
          inexorably intertwined so that, more likely than not, the                   
          determination that the NFTL was an appropriate collection action            
          must have been, at least to some extent, influenced by the                  
          decision with respect to the rejection of the 2003 offer, we do             
          not consider the appropriateness of that decision because the               
          2003 offer was not submitted during the course of the section               
          6320(c) administrative hearing.  See sec. 301.6320-1(f)(2),                 
          Q&A-F3, Proced. & Admin. Regs.7                                             
               Instead, our focus is on respondent’s rejection of the                 
          installment agreement offered by petitioner during the section              
          6320 administrative hearing, and respondent’s refusal to withdraw           
          or release the NFTL.  According to petitioner:  (1) The                     
          installment agreement should have been accepted in lieu of the              
          NFTL; and (2) the NFTL should not have been filed while the 2003            
          offer was under consideration.  Petitioner advances several other           
          procedural grounds (some of which will be addressed below) in               


               6 Sec. 6330(b)(3) provides, in relevant part:  “The hearing            
          under this subsection shall be conducted by an officer or                   
          employee who has had no prior involvement with respect to the               
          unpaid tax * * * before the first hearing under * * * section               
          6320.  A taxpayer may waive the requirement of this paragraph.”             
          Petitioner does not suggest that Mr. Blais should not have been             
          assigned to both matters.                                                   
               7 Mr. Blais upheld the rejection of the 2003 offer under               
          procedures established under sec. 7122(e).                                  





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