Orlando Bujosa - Page 9




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          reflecting the 15-year-old liabilities, and that he wanted to fix           
          the matter.  Petitioner’s challenge lacks any substance, and the            
          underlying tax liabilities stand as assessed by respondent.                 
          Levy Action                                                                 
               Having established that petitioner’s tax liabilities were as           
          determined by respondent under our de novo review standard, we              
          now review respondent’s determination to proceed with collection            
          under an abuse of discretion standard.  Under this standard, a              
          determination will be affirmed unless action was taken that was             
          arbitrary or capricious, lacks sound basis in fact, or is not               
          justifiable in light of the facts and circumstances.  Mailman v.            
          Commissioner, 91 T.C. 1079, 1084 (1988).                                    
               In the case before us, petitioner did not expressly                    
          challenge the Appeals officer’s determination with respect to               
          collection, so we must first decide whether this determination is           
          even properly before the Court.  In his petition, petitioner                
          checked the box for redetermination of a deficiency and                     
          explicitly only raised the issue of his tax liabilities.  While             
          Rule 331(b)(4) provides that any issue not raised in the petition           
          is deemed conceded, the circumstances in this case allow us to              
          consider the issue.  Consideration of the issue is proper so long           
          as petitioner’s failure to provide notice to respondent did not             
          prejudice respondent.  See Pagel, Inc. v. Commissioner, 91 T.C.             
          200, 212 (1988), affd. 905 F.2d 1190 (8th Cir. 1990); Martin v.             







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