Christopher Michael Frazier - Page 6

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               Petitioner raises two issues.  First, he disagrees with the            
          amount assessed.  Second, he wants to make installment payments.            
               Respondent argues that petitioner is prohibited from                   
          challenging the underlying liability because petitioner did not             
          raise it at the section 6330 hearing, and this Court cannot                 
          determine whether respondent abused his discretion as to a matter           
          not raised at the section 6330 hearing.  We need not address                
          whether petitioner raised the issue of his underlying liability             
          or whether he is permitted to challenge it.  Petitioner alleges             
          no facts in the petition or any other pleadings that would show             
          the assessed amounts are in error.  See Rule 331(b)(5); Grant               
          Creek Water Works, Ltd. v. Commissioner, supra; Casanova Co. v.             
          Commissioner, supra.  In addition, petitioner failed to respond             
          to respondent’s motion.                                                     
               Respondent also argues that petitioner had the opportunity             
          to pay under an installment plan but failed to comply with the              
          conditions of entering into that agreement.  Again, we need not             
          address petitioner’s compliance with the terms of the proposed              
          installment agreement.  Petitioner did not respond to                       
          respondent’s motion or allege facts that would indicate it was an           
          abuse of discretion for respondent to refuse to accept the                  
          proposed installment agreement.                                             









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