- 11 - incorrect. See also Montgomery v. Commissioner, supra at 19 (Marvel, J., concurring). We conclude that respondent’s second ground (together with his third ground, discussed next) justifies summary judgment. IV. Petitioner Has Failed To Aver Facts Showing Any Other Error in the Determination Although petitioner avers errors in the assessment procedures and in other procedures, and improper execution of levies, he sets forth no factual basis for those claims. Indeed, respondent has yet to make any levies with respect to the assessments. Except as we have discussed with respect to the Appeals officer’s refusal to consider the accuracy of the assessments, we see no error in the determination. V. Conclusion Petitioner has failed to put before us grounds on which we could find that the Appeals officer erred in the determination. On that basis, respondent is entitled to summary disposition in his favor. To reflect the foregoing, An appropriate order and decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011