- 2 - Paul H. Durham, for petitioner. William F. Castor, for respondent. OPINION SWIFT, Judge: This matter is before us on respondent’s motion under Rule 121 for summary judgment. Petitioner challenges respondent’s Appeals Office determination sustaining the filing of Federal tax liens relating to petitioner’s $472,532 assessed and unpaid Federal income tax deficiency for 1980. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code as applicable to the year in issue. The issues for decision on respondent’s motion for summary judgment are whether we, in reviewing respondent’s notice of determination under section 6330(d)(1) for an abuse of discretion: (1) May consider a statute of limitations contention that was asserted by petitioner and adjudicated against petitioner in a prior District Court proceeding; and (2) shall consider a new issue that was not raised by petitioner at his collection hearing with respondent’s Appeals Office.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011