Wayne Smith - Page 11



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          respondent’s Appeals Office with respect to the proposed                    
          collections action under the abuse of discretion standard.  Goza            
          v. Commissioner, 114 T.C. 176 (2000).  Under this standard, the             
          Court shall consider whether the actions of the Appeals Office in           
          rejecting petitioner’s OIC and thus, sustaining respondent’s                
          proposed collections action, were arbitrary, capricious, or                 
          without sound basis in law.  See Sego v. Commissioner, 114 T.C.             
          604, 610 (2000); Woodral v. Commissioner, 112 T.C. 19, 23 (1999).           
               Petitioner argues that respondent’s Appeals Office abused              
          its discretion in rejecting both proposed OICs because it did not           
          consider that a levy upon petitioner’s remaining IRA, a periodic            
          payments account structured under section 72(t)(4), would trigger           
          the recapture tax in such a manner that petitioner would be                 
          essentially left with little or no assets to live on until the              
          time that he would be eligible to receive Social Security.                  
          Moreover, petitioner argues that respondent’s Appeals Office                
          ignored evidence that he was unable to work, and that his offers            
          were reasonable in the light of his considerable and necessary              
          monthly expenses.                                                           
               Generally, amounts distributed from an IRA are includable in           
          gross income as provided in section 72.  Sec. 408(d)(1).  Section           
          72(t)(1) further provides:  “If any taxpayer receives any amount            
          from a qualified retirement plan * * * the taxpayer’s tax under             
          this chapter for the taxable year in which such amount is                   
          received shall be increased by an amount equal to 10 percent of             







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