Robert M. Scharringhausen - Page 5




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          check whether the Commissioner properly filed the lien, and take            
          a second look at whether the filing should be sustained.  This              
          hearing is also a taxpayer’s chance to raise an innocent-spouse             
          defense, offer collection alternatives, or demonstrate that the             
          Government’s collection effort is overly intrusive even after               
          taking into account the need to efficiently collect taxes.                  
               Scharringhausen isn’t challenging his underlying tax                   
          liability, so we review the Commissioner’s determination to see             
          if he abused his discretion.  See Sego v. Commissioner, 114 T.C.            
          604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000).            
          Courts generally hold that a decisionmaker abuses his discretion            
          “when [he] makes an error of law * * * or rests [his]                       
          determination on a clearly erroneous finding of fact * * * [or]             
          ‘applies the correct law to facts which are not clearly erroneous           
          but rules in an irrational manner’.”  United States v. Sherburne,           
          249 F.3d 1121, 1125-26 (9th Cir. 2001) (quoting Friedkin v.                 
          Sternberg, 85 F.3d 1400, 1405 (9th Cir. 1996)); see also Cooter &           
          Gell v. Hartmarx Corp., 496 U.S. 384, 402-03 (1990) (same).                 
               We can distill Scharringhausen’s objections to the notice of           
          determination into two: that the Commissioner didn’t follow                 
          correct procedures in filing the lien, and that the Commissioner            
          should have accepted his first offer to compromise the taxes                
          involved.                                                                   








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