Drina L. McCorkle - Page 2




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          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material                
          fact, and a decision may be entered as a matter of law.  Rule               
          121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520                  
          (1992), affd. 17 F.3d 965 (7th Cir. 1994).                                  
               We conclude that there is no genuine issue as to any                   
          material fact and that a decision may be rendered as a matter of            
          law.                                                                        
          Background                                                                  
               Petitioner is a self-employed realtor.  Petitioner filed               
          delinquent Federal income tax returns for 1997 and 1999.                    
          Petitioner failed to pay the taxes due on those returns.                    
               On August 13, 2001, respondent issued to petitioner a Final            
          Notice, Notice of Intent to Levy and Notice of Your Right to a              
          Hearing, regarding her income tax liabilities for 1997 and 1999             
          (notice of intent to levy).  As of the date of the notice of                
          intent to levy, petitioner’s 1997 and 1999 income tax                       
          liabilities, including penalties and interest, totaled $50,536.43           
          and $93,936.36, respectively.  As of the date of the notice of              
          intent to levy, petitioner had not filed her income tax return              
          for 2000, had made insufficient estimated tax payments toward her           
          year 2000 tax liability, and had not made any estimated tax                 
          payments toward her year 2001 tax liability.                                








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