Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 29

                                        - 29 -                                         
               After the Court of Appeals decided Adler v. Commissioner,               
          supra, respondent had a 45-day period to petition the Court of               
          Appeals for rehearing or rehearing en banc, see Fed. R. App. P.              
          35(c), 40(a), and a 90-day period to petition the Supreme Court              
          to file a petition for a writ of certiorari, see 28 U.S.C. sec.              
          2101(c)(1994).  On September 10, 1996, the Solicitor General                 
          decided that a petition for a writ of certiorari would not be                
          filed in Adler v. Commissioner, supra.                                       
               We think that by the end of September 1996, respondent                  
          should have concluded that the decision of the Court of Appeals              
          in Adler would control the disposition of the present case and               
          respondent should have terminated collection against petitioners.            
          Nevertheless, on October 22, 1996, respondent filed a notice of              
          Federal tax lien in the county of petitioners' residence.                    
          Moreover, by notice dated December 25, 1996, a date more than a              
          month after the Court of Appeals had reversed our Decision in the            
          present case, respondent reminded petitioners that their next                
          payment pursuant to the installment payment agreement was due on             
          January 8, 1997.  During this period, petitioners incurred costs             
          in trying to persuade respondent to terminate collection that                
          should have terminated earlier.                                              




               17(...continued)                                                        
          Commissioner, 931 F.2d 1044 (5th Cir. 1991); Keasler v. United               
          States, 766 F.2d 1227 (8th Cir. 1985).                                       




Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011