Carlin and Joyce A. Bartschi - Page 2




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          $80,453.10 for 1995 and 6,617.30 for 1997.1  Currently, the case            
          is before the Court on respondent’s motion for summary judgment             
          under Rule 121 and to impose a penalty under section 6673(a).               
          Petitioners have filed with the Court a response to respondent’s            
          motion.2                                                                    
               We shall grant respondent’s motion for summary judgment and            
          shall impose a $2,500 penalty against petitioners.  Unless                  
          otherwise noted, section references are to the applicable                   
          versions of the Internal Revenue Code.  Rule references are to              
          the Tax Court Rules of Practice and Procedure.                              
                                     Background                                       
               Petitioners filed Federal income tax returns for 1993, 1995,           
          and 1997, and respondent assessed the Federal income tax                    
          liabilities shown on those returns.  Respondent assessed the 1993           
          liability on May 16, 1994, the 1995 liability on March 10, 1997,            
          and the 1997 liability on December 28, 1998.                                
               On November 7, 1999, respondent mailed to petitioners a                
          letter, “Final Notice - Notice of Intent to Levy and Notice of              


               1 We use the term “approximately” because these amounts were           
          computed before the present proceeding and have since increased             
          on account of interest.                                                     
               2 As part of their response, petitioners challenge as                  
          improper a declaration of respondent’s counsel that accompanied             
          respondent’s motion for summary judgment.  The declaration                  
          describes certain documents contained in respondent’s                       
          administrative file, all of which were submitted to the Court as            
          part of respondent’s motion for summary judgment.  We find                  
          petitioners’ challenge disingenuous.                                        




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