- 14 - in a disproportionate forfeiture or penalty to petitioner. Moreover, for the reasons discussed supra, we find that the condition that petitioner timely pay his 2002 taxes was a material part of the OIC. B. Scope of Review Consideration of petitioner’s testimony or the Installment Agreement Request would not alter any of the conclusions above. At the time petitioner filed his Installment Agreement Request, the Commissioner’s internal procedures provided that the Commissioner could grant installment agreement requests from a taxpayer in petitioner’s situation without declaring the taxpayer in default. Internal Revenue Manual sec. 5.19.7.3.17.3 (effective October 1, 2001). While it may have been within respondent’s discretion to overlook petitioner’s noncompliance with the OIC and grant petitioner’s Installment Agreement Request, we have long held that the Commissioner’s internal procedures do not have the effect of law and that noncompliance with those procedures does not render an action of the Commissioner invalid. Vallone v. Commissioner, 88 T.C. 794, 807- 808 (1987). Petitioner also argues that because he was never notified that his Installment Agreement Request was denied, we should treat the request as having been granted. We disagree. We note that petitioner failed to comply with the terms of his proposedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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