- 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
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