Charles McHan and Martha McHan - Page 2

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          Summary Judgment.1  As explained in greater detail below, we                
          shall deny petitioner's motion.                                             
          Background2                                                                 
               On September 13, 1990, petitioner was charged in a 17-count            
          superseding bill of indictment with various drug trafficking                
          charges, filing false tax returns, engaging in a continuing                 
          criminal enterprise, and criminal forfeiture, relating to his               
          involvement in an illegal scheme to distribute marijuana from               
          1984 to 1988.  Petitioner pleaded guilty in the U.S. District               
          Court for the Western District of North Carolina to a number of             
          the charges and was convicted with respect to the remaining                 
          charges in July 1992 following a jury trial.                                



          1  Although the petition in this case is a joint petition by                
          Charles McHan and his wife, Martha McHan, the latter did not join           
          in the filing of the motion that is the subject of this opinion.            
          Consequently, references to petitioner in the singular are to               
          Charles McHan.  Because petitioner's motion does not address all            
          of the issues to be decided in this case, petitioner's motion is            
          more appropriately viewed as a motion for partial summary                   
          judgment.                                                                   
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       
          2  The following is a summary drawn from the entire record                  
          of the relevant facts that do not appear to be in dispute.  These           
          facts are stated solely for purposes of deciding the pending                
          motion.  Fed. R. Civ. P. 52(a); Sundstrand Corp. v. Commissioner,           
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).                 
          Additional background discussion can be found in   McHan v.                 
          Commissioner, T.C. Memo. 1996-12 (denying petitioner's motion for           
          summary judgment that the notice of deficiency is invalid).  See            
          also United States v. McHan, 101 F.3d 1027 (4th Cir. 1996).                 




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