- 5 - In its ruling on the United States’ motion for summary judgment relating to petitioner’s unpaid tax liability for 1980, the District Court concluded that the period of limitations on collection of petitioner’s tax liability for 1980 remained open. United States v. Magana, supra.1 Petitioner’s motion for rehearing was denied in the above District Court case, and petitioner did not appeal the District Court judgment. On June 18, 2000, that judgment became final. Fed. R. App. P. 4(a)(1)(B). In United States v. Magana, supra, petitioner was represented by counsel. During petitioner’s collection hearing with respondent’s Appeals Office, petitioner, by way of counsel, again asserted the same statute of limitations contention. Also during the collection hearing, petitioner did not allege hardship, and petitioner did not wish to discuss any alternatives to the lien filings. Respondent’s Appeals Office memorandum expressly states in this regard that petitioner’s counsel “did not desire a discussion with regard to alternatives” to the lien filings and “Therefore, Appeals is unable to make an alternative determination that is less intrusive” than the lien filings. 1 The District Court’s ruling was based on the execution by petitioner of an extension of the period of limitations on collection, on an offer in compromise submitted by petitioner to respondent, and on the referred-to statutory extension of the period of limitations on collection from 6 years to 10 years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011