- 2 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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