Robert H. Golden and Judith A.Golden - Page 4

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          letter, and on August 20, 2003, were issued a notice of intent to           
          levy and advised of their right to a hearing.  On September 16,             
          2003, respondent received a Form 12153, Request For A Collection            
          Due Process Hearing, dated by petitioners as September 15, 2003.            
          Petitioners’ Allegations of Error                                           
               In their petition, petitioners allege a number of “Counts”,            
          which in essence raise three issues:  (1) That the expiration of            
          the period of limitations on assessment, and the expiration of              
          the period of limitations for collections each bar respondent               
          from collecting liabilities for the years at issue; (2) that the            
          partnership investments that generated the liabilities were not             
          tax-motivated transactions warranting increased interest, and (3)           
          that Judith A. Golden is entitled to section 6015 relief.                   
          Respondent’s motion is directed only to the first two issues.               
                                     Discussion                                       
               Respondent requests in the motion that the Court determine,            
          as a matter of law, that petitioners cannot contest the                     
          expiration of the period of limitations on assessment, and that             
          as a matter of law, the period of limitations on collection of              
          the tax liabilities at issue here has not expired.                          
          Standard for Granting Summary Judgment                                      
               The standard for granting a motion for summary judgment                
          under Rule 121 is stated in the rule itself.                                







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