Bobbie E. Johnson - Page 29

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          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.             






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