- 6 - Petitioner filed with the Court an imperfect Petition for Lien or Levy Action Under Section 6320(c) or 6330(d),2 and, later, an amended petition. The amended petition is limited to allegations challenging the existence and amount of petitioner’s tax liability for 1993. After respondent filed an answer to the petition, respondent filed a Motion for Summary Judgment. In short, respondent contends that petitioner’s challenge to the existence and/or amount of his tax liability for 1993 is not properly before the Court in this proceeding, and petitioner otherwise failed to raise a valid issue for judicial review. Petitioner filed an objection to respondent’s motion. Petitioner maintains that he has proven that he had sufficient basis in the S corporation to cover the loss claimed on his 1993 tax return. This matter was called for hearing at the Court's motions sessions held in Washington, D.C. Petitioner and counsel for respondent appeared at the hearing and presented arguments in respect of respondent's motion. Discussion Section 6321 imposes a lien in favor of the United States on all property and rights to property of a person when demand for payment of that person’s liability for taxes has been made and 2 At the time that the petition was filed, petitioner resided in Ferron, Utah.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011