A-Z Optics, Inc. - Page 7

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               In its petition, petitioner broadly assigns as error,                  
          “Incorrect Application of Procedures set forth in IRC Sections              
          6320 and 6330”.  Petitioner has not, however, complied with Rule            
          331, which requires the petition to contain, among other things,            
          clear statements of the facts on which the petitioner bases the             
          assignment of error.  Similarly, in its response to respondent’s            
          motion for summary judgment, petitioner has not set forth                   
          specific facts, as required by Rule 121(d), showing that there is           
          a genuine issue for trial with respect to this generalized                  
          allegation that respondent committed procedural error.                      
          Petitioner’s failure to allege facts in support of this                     
          assignment of error justifies summary judgment.  See Poindexter             
          v. Commissioner, 122 T.C. 280, 285-286 (2004).                              
               Moreover, in the administrative proceeding, petitioner did             
          not ask for a collection alternative or raise any procedural                
          issues in its Form 12153 or otherwise bring any such issues to              
          the attention of the Appeals Office, other than attempting,                 
          improperly, to contest its underlying tax liability.  Such issues           
          generally are not properly raised for the first time before this            
          Court.  Magana v. Commissioner, 118 T.C. 488, 493 (2002).  In any           
          event, we see no error in the Appeals Office determination.                 
               In conclusion, we are satisfied that there is no genuine               
          issue as to any material fact and that a decision may be rendered           
          as a matter of law.                                                         






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