Orlun K. Jones - Page 6




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          (1st Cir. 2006).  The Appeals officer did not abuse his                     
          discretion by declining to delay his determinations to await the            
          uncertain outcome of petitioner’s eleventh-hour request for audit           
          reconsideration and the uncertain outcome of any audit                      
          reconsideration that might be granted.                                      
               Petitioner contends that notwithstanding section                       
          6330(c)(2)(B), which precluded him from challenging his                     
          underlying liability in the collection hearing, he should have              
          been permitted to make an offer-in-compromise on the basis of               
          doubt as to liability, pursuant to sections 6330(c)(2)(A)(iii)              
          and 7122.  The short answer is petitioner never made any offer-             
          in-compromise.  Accordingly, the Appeals officer did not abuse              
          his discretion in failing to consider any offer-in-compromise.              
          See Kindred v. Commissioner, 454 F.3d 688, 696 (7th Cir. 2006)              
          (characterizing as “frivolous” an argument that the taxpayers               
          should have been allowed to submit an offer-in-compromise in a              
          collection hearing, where the taxpayers never actually made an              
          offer-in-compromise); Kendricks v. Commissioner, 124 T.C. 69, 79            
          (2005).                                                                     
               On the basis of our review of the record, we conclude that             
          there is no genuine dispute as to a material fact.  Petitioner              
          has failed to make a valid challenge to the appropriateness of              
          respondent’s intended collection action or offer alternative                
          means of collection.  In the absence of a valid issue for review,           







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