- 4 - consider "new evidence" purportedly establishing that petitioner is not liable for the underlying deficiencies for the years in issue. In particular, petitioner asserts that he instituted two civil actions in Florida State court in June 1989 and December 1993 in which the State court recently ruled in his favor on certain breach of contract claims related to his handling of the Putman estate. Petitioner contends that these holdings establish that he did not have the criminal intent to embezzle funds from the Putman estate. After filing an answer to the amended petition, respondent filed a Motion for Summary Judgment. Respondent maintains that because petitioner received (and contested) a notice of deficiency for the years in issue, the question of petitioner's liability for the underlying taxes cannot be raised in this proceeding. Petitioner filed a response in opposition to respondent's motion. This matter was called for hearing at the Court's motions session in Washington, D.C., on September 6, 2000. Counsel for respondent appeared at the hearing and presented argument in support of respondent's motion. Although no appearance was made by or on behalf of petitioner at the hearing, petitioner did file a Rule 50(c) statement with the Court. Discussion Section 6331(a) provides that if any person liable to payPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011