- 7 - available to her to make a determination was what was already contained in the administrative record. Petitioner’s testimony clearly demonstrates he was granted an opportunity for an administrative hearing within the meaning of section 6330(b). Even though he was not personally in contact with Ms. O’Neal, his attorney, Mr. Bailey was. Additionally, Ms. O’Neal’s review of petitioner’s administrative file and computer transcripts of account reveals that respondent’s determination was not arbitrary, capricious, or without sound basis in fact or law. See Leineweber v. Commissioner, T.C. Memo. 2004-17; Mann v. Commissioner, T.C. Memo. 2002-48; sec. 301.6330-1(d)(2), A-D7, Proced. & Admin. Regs. For the foregoing reasons, this Court holds that respondent’s determination to proceed with collection was not an abuse of discretion. Because petitioner did not raise a valid claim, such as a spousal defense or an alternative means of collection, such claims are deemed conceded. See Rule 331(b)(4). In reaching these holdings, the Court has considered all arguments made and, to the extent not mentioned, concludes that they are moot, irrelevant, or without merit. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7Last modified: November 10, 2007