- 12 - Respondent properly determined that the requirements of applicable law or administrative procedures were met. Petitioners did not show that there was any irregularity in the assessment procedure that would raise a question about the validity of the assessments. 5. Hardship At trial, petitioners contended that respondent’s collection activities will impose an undue hardship on them and the matter should be remanded to respondent’s Appeals Office for further consideration. We disagree. Generally, this Court does not consider arguments, issues, or other matter known to the taxpayer but not raised during the collection hearing or otherwise brought to the attention of the Appeals Office. Magana v. Commissioner, 118 T.C. 488, 493 (2002) (taxpayer not permitted to raise in the judicial proceeding illness and hardship as defenses to the Commissioner’s collection action where those matters were known to but not raised by the taxpayer during the administrative proceeding);4 see also sec. 301.6320-1(f)(2), Q & A-F5, Proced. & Admin. Regs. Like the taxpayers in Magana, petitioners knew about their hardship claim 4 Other cases so holding include Zapara v. Commissioner, 124 T.C. 223, 243 (2005); Kendricks v. Commissioner, 124 T.C. 69, 79 (2005); Keene v. Commissioner, 121 T.C. 8, 18 (2003); Washington v. Commissioner, 120 T.C. 114, 123-124 (2003); Miller v. Commissioner, 115 T.C. 582, 589 n.2 (2000), affd. 21 Fed. Appx. 160 (4th Cir. 2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011