- 16 - 137, 138 (9th Cir. 1993). Petitioner has failed to raise a spousal defense, make a valid challenge to the appropriateness of respondent’s intended collection action, or offer alternative means of collection.9 These issues are now deemed conceded. Rule 331(b)(4). In the absence of a valid issue for review, we conclude that respondent is entitled to judgment as a matter of law sustaining the notice of determination dated September 13, 2001. B. Imposition of a Penalty Under Section 6673 We turn now to that part of respondent’s motion that moves for the imposition of a penalty on petitioner under section 6673. As relevant herein, section 6673(a)(1) authorizes the Tax Court to require a taxpayer to pay to the United States a penalty not in excess of $25,000 whenever it appears that proceedings have been instituted or maintained by the taxpayer primarily for 9 In his Objection to respondent’s motion, petitioner states, in part, as follows: respondent claims that petitioner had no “interest in discussing alternatives to respondent’s proposed collection of the tax.” That is a fabrication. Petitioner made a collection alternative. That was if the appeals officer would have simply identified a section in the internal revenue code that required the payment of the income tax or establishes a liability for the income tax, petitioner offered to pay in full the amounts allegedly owed. The section references sought by petitioner are identified supra p. 13 of this opinion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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