- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011