Roger Pavlica - Page 5




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               Under section 6330(d)(1), we have jurisdiction to review               
          respondent’s notice of determination relating to a section 6330             
          hearing.  Where the underlying Federal income tax liability is              
          not at issue, we review for abuse of discretion respondent’s                
          determination adverse to a taxpayer sustaining respondent’s                 
          collection activity.  Sego v. Commissioner, 114 T.C. 604, 610               
          (2000).                                                                     
               Petitioner argues that respondent’s Appeals Office should              
          have granted petitioner an installment agreement.  Because,                 
          however, petitioner had a history of noncompliance with his                 
          Federal income tax obligations and was not compliant with his               
          current tax obligations as of the date of the Appeals Office                
          hearing, respondent’s Appeals Office did not abuse its discretion           
          in declining to grant petitioner an installment agreement.  See             
          Orum v. Commissioner, 412 F.3d 819, 821 (7th Cir. 2005), affg.              
          123 T.C. 1 (2004) (no abuse of discretion when rejecting an                 
          installment agreement from a taxpayer who had a history of not              
          fulfilling Federal income tax obligations); Rodriguez v.                    
          Commissioner, T.C. Memo. 2003-153 (no abuse of discretion when              
          rejecting an offer-in-compromise from a taxpayer who had not                
          filed current and previous returns); Londono v. Commissioner,               
          T.C. Memo. 2003-99 (no abuse of discretion when rejecting an                
          offer-in-compromise from a taxpayer who had a history of not                
          fulfilling Federal income tax obligations); McCorkle v.                     







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