Joseph D. and Wanda S. Lunsford - Page 6




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          T.C. 176, 181-182 (2000).  However, where the underlying tax                
          liability is not at issue, we review the determination to see               
          whether there has been an abuse of discretion.  Nicklaus v.                 
          Commissioner, 117 T.C. 117, 120 (2001).  In this case,                      
          petitioners have not disputed the merits of the underlying tax              
          liability.                                                                  
               Our Rules require petitioners to specify the facts upon                
          which they rely for relief under section 6330.  A petition filed            
          under section 6330 must contain “Clear and concise lettered                 
          statements of the facts on which the petitioner bases each                  
          assignment of error”.  Rule 331(b)(5).  Any issue not raised in             
          the assignments of error shall be deemed to be conceded.  Goza v.           
          Commissioner, supra at 183.5                                                
               In the entire course of this judicial proceeding,                      
          petitioners have raised only one substantive issue that they want           
          to be considered; i.e., whether there was a sufficient record               
          showing that the taxes in issue were assessed under section 6203            
          and section 301.6203-1, Proced. & Admin. Regs.  In their petition           
          to the Tax Court, petitioners alleged the following facts in                
          support of their position:                                                  
               6.  The facts upon which the Petitioner relies, as the                 
               basis of the Petitioner’s case, are as follows:                        


               5See also Merriweather v. Commissioner, T.C. Memo. 2001-88;            
          MacElvain v. Commissioner, T.C. Memo. 2000-320; Howard v.                   
          Commissioner, T.C. Memo. 2000-319; Van Fossen v. Commissioner,              
          T.C. Memo. 2000-163.                                                        





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