Dina DeSalvo - Page 13

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               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,           






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