Curtis J.L. McIntosh - Page 7

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               the date they were issued, the assessments for 1990 are                
               valid.                                                                 
          I.  Petitioner Seeks Review in Wrong Court                                  
               On August 18, 2000, petitioner filed a complaint in the                
          District Court seeking review of respondent’s determination to              
          proceed with collection of his 1990 taxes.  On July 11, 2001, the           
          District Court dismissed the complaint with prejudice for lack of           
          subject matter jurisdiction.                                                
          J.  Tax Court Petition                                                      
               On August 14, 2001, petitioner timely petitioned this Court            
          to review respondent’s determination to proceed with collection             
          of his 1990 taxes.  In his petition, petitioner claims that:  (1)           
          No one representing the IRS attended the Appeals Office hearing;3           
          (2) the Appeals officer “did not obtain verification at the                 
          hearing from the Secretary indicating that the requirements of              
          any applicable law or administrative procedure had been met as              
          required by 26 U.S.C. �6330(c)(1), nor was petitioner shown any             
          such evidence”; (3) respondent did not issue a notice of                    
          assessment and demand for payment as required by section 6303;              
          and (4) respondent has already received payment for petitioner’s            
          1990 tax liabilities.                                                       


               3 Petitioner did not raise this issue at trial or on brief;            
          therefore, we deem petitioner to have abandoned it.  See Burbage            
          v. Commissioner, 82 T.C. 546, 547 n.2 (1984), affd. 774 F.2d 644            
          (4th Cir. 1985); Wolf v. Commissioner, T.C. Memo. 1992-432, affd.           
          13 F.3d 189 (6th Cir. 1993).                                                





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