- 12 - As to petitioner’s argument that the lien on her account should be removed because “penalty for at least three years should also be removed”, this Court finds that there is no genuine issue of material fact, and we hold for respondent as a matter of law. V. Offer in Compromise Respondent further contends that the settlement officer’s rejection of petitioner’s offer in compromise was not raised in petitioner’s petition to this Court and is therefore deemed conceded under Rule 331(b)(4). Rule 331(b)(4) states that a petition for review of a collection action shall contain clear and concise assignments of each and every error alleged to have been committed in the notice of determination, and that any issue not raised in the assignments of error shall be deemed conceded. See Lunsford v. Commissioner, 117 T.C. 183, 185-186 (2001); Goza v. Commissioner, 114 T.C. 176, 183 (2000). Accordingly, this Court concludes that petitioner has conceded the determination of the settlement officer that her offer in compromise was unacceptable. However, even if petitioner had raised this issue in her petition to this Court, on the basis of the record we conclude that summary judgment is appropriate. Under an abuse of discretion standard, “we do not interfere unless the Commissioner’s determination is arbitrary, capricious,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011