David and Monika Zisskind - Page 14




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          erred by determining that the Federal tax lien should not be                
          withdrawn.  At trial, petitioner testified that the Federal tax             
          lien was affecting his business and petitioners would be able to            
          pay their taxes if the lien was removed.  On brief, petitioners             
          requested that the Court find as a fact that “The Petitioner                
          believes that if the Federal Tax Lien was taken off, he would be            
          able to earn money to pay his 1999 tax liability.”  However,                
          petitioners did not argue on brief that respondent abused his               
          discretion by determining that the Federal tax lien should not be           
          withdrawn.                                                                  
               Rule 331(b)(4) provides that, in a lien or levy action, the            
          petition must include “Clear and concise assignments of each and            
          every error which the petitioner alleges to have been committed             
          in the notice of determination.  Any issue not raised in the                
          assignments of error shall be deemed to be conceded.”  Because              
          petitioners did not allege in their petition that respondent                
          abused his discretion by determining that the Federal tax lien              
          should not be withdrawn and because petitioners did not address             
          it on brief, we find that petitioners have conceded the issue.              
          Therefore, we hold that respondent did not abuse his discretion             
          by determining that a Federal tax lien was appropriately filed              
          and would remain in effect until petitioners’ tax liability was             
          satisfied.                                                                  








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