Raymond B. Magana - Page 2




                                        - 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