Nicholas D. Newton - Page 5




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          relates to the settlement officer’s rejection of petitioner’s               
          2004 offer, petitioner does not suggest otherwise.                          
               Nevertheless, as petitioner views that matter, respondent’s            
          determination to collect his outstanding tax liabilities by levy            
          is an abuse of discretion because the settlement officer                    
          improperly rejected petitioner’s proposed collection alternative.           
          Specifically, petitioner argues that in rejecting the 2004 offer,           
          the settlement officer:  (1) Erroneously took into account as               
          potential sources of payment, certain assets previously                     
          transferred to petitioner’s former spouse;5 and (2) failed to               
          take into account the vagaries of petitioner’s income.                      
               Assuming, without finding, that petitioner is correct on               
          both points, it remains that other sources of payment included in           
          the settlement officer’s analysis support the settlement                    
          officer’s conclusion that the 2004 offer did not reflect                    






               5 The parties dispute whether those assets are subject to              
          the Federal tax lien that arose prior to the transfer.  See sec.            
          6321.  Petitioner takes the position that the lien does not                 
          attach, and, not surprisingly, respondent takes the position that           
          it does.  Petitioner expected that this Court in this proceeding            
          would determine whether the lien did or did not attach to those             
          assets.  Under the circumstances, we need not consider the point.           
          Furthermore, we note that issues regarding whether respondent’s             
          tax lien has attached to those assets may be cognizable in a                
          variety of other types of legal actions.  See, e.g., secs. 7403,            
          7425, 7426; see also 28 U.S.C. sec. 2410 (2000).                            






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