- 29 - separate petitioner’s assets from Mrs. Johnson’s assets when petitioner has given her no information on which to base that separation. Given that petitioner was offering to compromise both his and Mrs. Johnson’s outstanding tax liabilities, and given the manner in which petitioner presented the information to Ms. Cochran, it was not arbitrary or capricious for Ms. Cochran to consider Mrs. Johnson’s income and assets in evaluating the joint offer-in-compromise. 5. Efficient Collection Versus Intrusiveness Petitioner argues 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). Petitioner’s argument is not supported by the record. Petitioner has an outstanding tax liability. In his section 6330 hearing, petitioner proposed only an offer-in-compromise. Because no other collection alternatives were proposed, there were no less intrusive means for respondent to consider. We find that respondent balanced the need for efficient collection of taxes with petitioner’s legitimate concern that collection be no more intrusive than necessary. D. Conclusion Petitioner has not shown that respondent’s determination was arbitrary or capricious, or without sound basis in fact or law.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011