- 17 - in an arbitrary or capricious manner in rejecting petitioner’s OICs, which were largely premised on his position that he could not afford to make a larger payment. Finally, we note that the IRS Manual on Notice in Levy Cases provides that in deciding whether to levy on a retirement account, the Commissioner’s Appeals Office should determine “whether the taxpayer’s conduct has been flagrant [, with] * * * some examples of flagrant conduct [being] * * * Taxpayers who have placed other assets beyond the reach of the government [by] * * * dissipating them.” Administration, Internal Revenue Manual (CCH), Notice to Levy, sec. 5.11.6.2(5) at 16,719. In this case, the Kansas City Tax Clinic candidly shared with respondent the details of petitioner’s gambling addiction. We are convinced, based on this evidence, and our examination of both petitioner’s financial statements and the rapidly declining IRA balances as previously detailed in this report, that a large portion of the $660,194 withdrawn from petitioner’s IRA accounts between 1998 and 2003 went to fund his gambling addiction. We are further convinced by our examination of the Bank of America statements that detail petitioner’s account balances as of January 2001, that at the time that petitioner would have been required to pay his Federal income tax owing for all of the years in issue he could have done so, but elected not to for the benefit of his proclivity for racetracks and casinos. Finally, we are convinced, in the light of the above IRS Manual guidance,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: March 27, 2008