- 5 -
objection to those proposed findings, and we so find. See Rule
151(e)(3).
The NFTL shows an unpaid balance of tax for the years in
issue of $171,747.45. From the Form 433-A, we can determine that
the sum of petitioner’s investment and Charles Schwab accounts
was $501,559. Even taking into account liabilities of $186,788
that petitioner listed on the Form 433-A, petitioner had
sufficient assets that could be liquidated ($314,771 = $501,559 -
$186,788) that we agree with the Appeals employee’s conclusion
that petitioner had the ability to pay her tax liabilities in
full. The Appeals employee did not abuse her discretion in
deciding that petitioner could pay her tax liabilities, nor, in
making the determination, did Appeals abuse its discretion. See
Goza v. Commissioner, 114 T.C. 176, 182 (2000) (“where the
validity of the underlying tax liability is not properly at
issue, the Court will review the Commissioner’s administrative
determination for abuse of discretion”).
To reflect the foregoing,
Decision will be entered
for respondent.
Page: Previous 1 2 3 4 5
Last modified: November 10, 2007