Scott Perry Picchiottino - Page 14

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          so.  Petitioner also failed to appear for the scheduled hearing             
          and thus lost that opportunity to otherwise corroborate his                 
          claims.                                                                     
               Consequently, although the Court is sympathetic to any                 
          economic difficulties petitioner may have encountered or be                 
          encountering, it cannot be said that respondent acted arbitrarily           
          or capriciously in determining to proceed with levy when                    
          petitioner submitted no documentation of his present financial              
          circumstances.  See Newstat v. Commissioner, T.C. Memo. 2004-208.           
               The petition makes no assignments of error other than the              
          two contentions discussed above.  As this Court has noted in                
          earlier cases, 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, the Court             
          concludes that respondent’s determination to proceed with                   
          collection of petitioner’s tax liabilities was not an abuse of              
          discretion.  The Court will grant respondent’s motion for summary           
          judgment.  To reflect the foregoing,                                        

                                                  An appropriate order                
                                             granting respondent’s motion             





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