- 8 - determination for abuse of discretion. [Sego v. Commissioner, 114 T.C. 604, 610 (2000).] II. Contentions of the Parties Although less than entirely clear, petitioner’s petition and amended petition appear to contest respondent’s collection determination on the basis of a challenge to his underlying liabilities for some or all of the years from 1993 to 1999. The pleadings filed suggest that petitioner believes he is entitled to an additional dependent exemption deduction and head of household filing status. Conversely, neither of these documents seems to raise issues related to spousal defenses, collection alternatives, or other challenges to the appropriateness of the collection action. At the hearing on respondent’s motion, petitioner did raise an installment agreement and 22 $65 payments thereon, totaling $1,430, all of which were applied to his 1995 tax year. Respondent’s motion seeks summary judgment with respect to the 1995 to 1999 period covered in the notice of determination. As pertains to that period, the motion is premised on two principal considerations, each of which addresses petitioner’s attempts to dispute his underlying tax liabilities. First, respondent maintains that because petitioner received a notice of deficiency for 1995 and 1996, he is precluded from challenging his underlying liabilities as to those years. Second, it is respondent’s position that petitioner may not challenge hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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