Homer W. and Nancy L. Winans - Page 12

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          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).                                                  





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