Curtis B. Keene - Page 57

                                       - 57 -                                         
          Appeals hearing.  The difference on which the majority relies to            
          support its remand in the instant case is a distinction without             
          significance.  We have previously reminded taxpayers who                    
          institute proposed levy (and lien) cases in the Court that Rule             
          331(b)(4) requires a petition for review of a determination under           
          section 6330 to contain clear and concise assignments of “each              
          and every error which the petitioner alleges to have been                   
          committed in the levy determination”, Goza v. Commissioner, 114             
          T.C. 176, 183 (2000), and that that Rule provides that “any issue           
          not raised in the assignments of error shall be deemed to be                
          conceded”, id.  See Lunsford v. Commissioner, supra at 190.                 
               By remanding the instant case to Appeals for a hearing that            
          petitioner may audio record, the majority is allowing petitioner            
          to raise issues that he did not raise or plead, as required by              
          Rule 331.  The only complaint that petitioner has about his                 
          rights under section 6330, as set forth in the petition in the              
          instant case, is that he was not allowed to make an audio                   
          recording of his Appeals Office hearing under section 6330(b).              
          Certainly, petitioner does not intend to argue at the Appeals               
          hearing ordered by the majority that Appeals erred in refusing to           
          permit him to make an audio recording of the hearing that Appeals           
          previously offered to him.  So what will petitioner argue at the            
          hearing mandated by the majority?  Given petitioner’s track                 
          record of advancing frivolous and/or groundless contentions and             






Page:  Previous  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  Next

Last modified: May 25, 2011