Barry L. Moore - Page 3




                                        - 3 -                                         
               genuine issue for trial.  If the adverse party does not                
               so respond, then a decision, if appropriate, may be                    
               entered against such party.                                            
          King v. Commissioner, 87 T.C. 1213, 1217 (1986).  The moving                
          party, however, bears the burden of proving that there is no                
          genuine issue of material fact, and factual inferences will be              
          read in a manner most favorable to the adverse party.  Dahlstrom            
          v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.                        
          Commissioner, 79 T.C. 340, 344 (1982).  As explained in detail              
          below, we shall grant respondent's motion.                                  
          I.  Background                                                              
               A.  Notices Of Deficiency                                              
                    1.  1987 and 1989                                                 
               On September 11, 1991, respondent mailed to petitioner a               
          notice of deficiency determining a deficiency of $12,680 in                 
          petitioner’s Federal income tax for 1987 and additions to tax               
          under sections 6651(a)(1) and 6653(a)(1)(A) and (B).  Respondent            
          mailed the notice to petitioner at 13931 N. Central Exp. 318,               
          Dallas, Texas 75243-1099 (the N. Central address).                          
               By letter dated October 30, 1991, petitioner wrote to                  
          respondent acknowledging receipt of the above-described notice of           
          deficiency and citing the Uniform Commercial Code (UCC) for the             
          proposition that “the Notice of Deficiency, a presentment on your           
          behalf, is dishonored.”  Petitioner failed to file a petition               
          with this Court challenging the notice of deficiency for 1987.              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011