- 5 - Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). The moving party bears the burden of proving that there is no genuine issue of material fact. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). B. Analysis Petitioners do not challenge the existence or amounts of their underlying income tax liabilities for the years in issue. Where the taxpayer’s underlying tax liability is not at issue, we review the Commissioner’s administrative determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181 (2000). There are no genuine issues of material fact. We conclude that summary judgment is appropriate. See Rule 121(b). 1. Whether We Have Jurisdiction Over Employment Taxes Petitioners contend that respondent erroneously tried to collect employment taxes related to petitioner’s law corporation from petitioners. We lack jurisdiction to decide that issue. Moore v. Commissioner, 114 T.C. 171, 175 (2000). 2. Whether We Have Jurisdiction To Decide Whether Respondent Sent Notices of Federal Tax Liens to Petitioners’ Last Known Address Petitioners contend that respondent did not send notice of the Federal tax liens for tax years 1991, 1993, and 1995 to theirPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011