- 14 - 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 motionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011