Dimitrios T. Manousos and Anne M. Manousos - Page 11




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               The foregoing presumptions, coupled with the factors                   
          previously discussed, oblige us to conclude that petitioners                
          received the July 29, 2004 notice of deficiency.  As a                      
          consequence, section 6330(c)(2)(B) bars petitioners from                    
          challenging the existence or amount of their outstanding                    
          liability for 2002.  See Bailey v. Commissioner, T.C. Memo. 2005-           
          241.                                                                        
                                     Conclusion                                       
               Petitioners have failed to make a valid challenge to the               
          appropriateness of respondent’s intended collection action, offer           
          an alternative means of collection, or raise a spousal defense.             
          See Rule 331(b)(4) (“Any issue not raised in the assignments of             
          error shall be deemed to be conceded.”).  In the absence of a               
          valid issue for review, we conclude that respondent is entitled             
          to judgment as a matter of law sustaining the October 4, 2006               
          notice of determination.  Accordingly, we shall grant                       
          respondent’s Motion For Summary Judgment, as supplemented, and              
          thereby sustain the determination of the Appeals Office                     
          permitting respondent to proceed with collection for 2002.                  
               To give effect to the foregoing,                                       


                                             An order granting respondent’s           
                                        Motion For Summary Judgment, as               
                                        supplemented, and decision for                
                                        respondent will be entered.                   





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