- 15 - alternative that we should remand the case to Appeals for the discussion of collection alternatives. Specifically, petitioner claims that he and Appeals Officer Mares made an “agreement” to later explore the possibility of an installment agreement if we concluded that the limitations period had not expired before respondent’s assessment. Respondent opposes petitioner’s request for the following reasons: (1) The issue is deemed conceded; and (2) petitioner “is entitled to only one hearing” under section 6330. We consider each of respondent’s arguments in turn. A. Whether Petitioner Conceded the Installment Agreement Issue When appealing to this Court pursuant to section 6330(d), a taxpayer may raise in his petition any issues that he raised at the Appeals hearing. See sec. 301.6330-1(f)(2), Q&A-F5, Proced. & Admin. Regs. In this case, the question of an installment agreement was raised by petitioner at the hearing in that petitioner’s counsel expressed interest in discussing such an agreement depending on the resolution of the limitations issue. Respondent does not argue that the issue of an installment agreement never came up at the hearing. Rather, respondent argues that, because petitioner did not raise the installment agreement issue in his petition, the issue is deemed conceded. Respondent relies on Rule 331(b)(4), which provides that “Any issue not raised in the assignments of error shall be deemed to be conceded.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011