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On July 16, 1996 (presumably after abating the above-
described assessments entered in August and September 1993),
respondent entered identical assessments against petitioners
reflecting computational adjustments to account for the
disallowance of decedent's distributive share of Mountain View's
partnership items for the taxable years 1986, 1987, and 1988.
On August 5, 1996, respondent issued notices of deficiency
to petitioners determining various additions to tax, including
delinquent filing of returns, negligence, and valuation
overstatements for the taxable years 1986, 1987, and 1988. The
additions to tax are based upon adjustments to petitioners' tax
liability arising from the disallowance of decedent's
distributive share of Mountain View partnership items.
Petitioners invoked the Court's jurisdiction by filing a timely
petition for redetermination.
After filing their petition, petitioners filed a motion to
restrain collection asserting that respondent had failed to
timely assess and was improperly attempting to collect the
underlying tax deficiencies attributable to the disallowance of
decedent's distributive share of Mountain View's partnership
items. Respondent filed an objection to petitioners' motion to
restrain collection asserting that the Court lacks jurisdiction
to restrain respondent's collection efforts under the
circumstances presented. In further response, however,
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Last modified: May 25, 2011