Raymond B. Magana - Page 5




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               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.               





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