Albert M. Kun - Page 2

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          162.1  In his motion, petitioner moves that we vacate or revise             
          the decision that we entered on September 21, 2004, in accordance           
          with our Memorandum Opinion in Kun v. Commissioner, T.C. Memo.              
          2004-209 (Kun I).  In Kun I, we sustained respondent’s                      
          determination that the notice of Federal tax lien filing was an             
          appropriate enforcement action with respect to petitioner’s 1995,           
          1996, 1997, 1998, and 1999 income tax liabilities.  In the                  
          motion, petitioner alleged that “this Court had no chance to                
          consider the recent opinion of the United States Supreme Court in           
          United States v. Galletti (March 23, 2004) 124 S Ct Reporter                
          1548.”  This Supplemental Memorandum Opinion addresses                      
          petitioner’s contention.                                                    
                                     Background                                       
               We adopt the findings of fact in our prior Memorandum                  
          Opinion, Kun I.  For convenience and clarity, we repeat below the           
          facts necessary for the disposition of this motion.                         
               Petitioner timely filed Federal income tax returns for 1995            
          through 1999 but failed to pay the amounts shown as due on the              
          returns.  On May 3, 2001, respondent sent to petitioner a Notice            
          of Federal Tax Lien Filing and Your Right to a Hearing Under IRC            
          6320 for 1995 through 1999.  On June 4, 2001, petitioner mailed             
          to respondent Form 12153, Request for a Collection Due Process              


               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect at all relevant times.                               




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