- 3 - Although no stipulation of settled issues or other similar document was filed with the Court in this case which shows the agreement of the parties with respect to each of respondent's determinations in the notice, petitioners contend in petitioners' motion, and respondent agrees, that, as part of the parties' agreement resolving the issues in this case, petitioners conceded that they received a constructive dividend during each of the years 1989 and 1990, as determined by respondent in the notice. As part of its efforts to collect the liability resulting from the decision that was entered by the Court in this case, the Internal Revenue Service (IRS) filed a nominee notice of Federal tax lien (nominee lien notice) on July 2, 1996. Different attorneys employed by the IRS were responsible for handling the instant case and the nominee lien notice. The IRS' attorney responsible for the nominee lien notice approved that notice on June 20, 1996. In the nominee lien notice, the IRS alleged that the Colby B. Foundation (foundation) was a nominee of petitioners and of EOCC and that the Modoc property, which was titled at the time of that notice in the name of the foundation, was held by the foundation as nominee of petitioners and EOCC. On or about September 9, 1996, the IRS issued a levy on the Modoc property (Modoc levy). On or about September 19, 1996, the IRS issued a notice of seizure of that property. On October 3, 1996, the IRS issued a notice of sealed bid sale, which indicatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011