- 10 - issued. See sec. 6201(a)(1). Petitioner therefore could have challenged the existence or amount of the underlying tax liability, including any penalty,1 during the Appeals Office hearing. Petitioner, however, did not do so, and he is accordingly precluded from challenging the underlying tax liability in this proceeding. Sec. 301.6320-1(f)(2), Q&A-F5, Proced. & Admin. Regs.; see Miller v. Commissioner, 115 T.C. 582, 589 n.2 (2000), affd. 21 Fed. Appx. 160 (4th Cir. 2001); Magana v. Commissioner, 118 T.C. 488, 493-494 (2002); see also sec. 301.6330-1(f)(2), Q&A-F5, Proced. & Admin. Regs. Petitioner’s Alternative to Collection The only issue petitioner raised at the hearing and in his petition was his desire for respondent’s acceptance of an OIC as an alternative to the “levy”. A petition for review of a collection action must clearly specify the errors alleged to have been committed in the notice of determination. Rule 331(b)(4). Any issues not raised in the assignments of error are deemed to be conceded by petitioner. Rule 331(b)(4); see Goza v. Commissioner, supra at 183; see also Lunsford v. Commissioner, 117 T.C. 183, 185-186 (2001). Under section 7122, the Secretary is authorized to compromise civil or criminal tax liabilities. An offer to 1The assessed tax liability includes any additions to tax. Sec. 6201(a); sec. 301.6201-1(a), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011