Gary M. Dashiell and Frances J. Dashiell - Page 5

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               At the Court hearing on November 17, 2003, Fran argued with            
          much vigor that, under her reading and close study of the                   
          Internal Revenue Code and regulations, she and her husband are              
          not taxable on their wages and income.  Fran pleads with the                
          Court to provide her with a persuasive written explanation, if              
          any exists, as to how she and her husband are liable for Federal            
          income taxes on her husband’s wages, on her fee income, on the              
          early retirement account distributions and on the interest                  
          income.                                                                     

                                     Discussion                                       
               We note initially that because petitioners received a notice           
          of deficiency relating thereto petitioners’ Federal income tax              
          liability for 1997 is not before us in this action.  Goza v.                
          Commissioner, 114 T.C. 176, 180-181 (2000).  Our jurisdiction               
          herein is limited to a review of respondent’s discretion in                 
          filing a notice of Federal tax lien to upgrade respondent’s                 
          creditor status vis-a-vis petitioners’ other creditors.  Sec.               
          6323; Sego v. Commissioner, 114 T.C. 604, 610 (2000).                       
               On that narrow question as to respondent’s discretion we               
          hold for respondent.  Petitioners have offered no basis on which            
          we could find any error in respondent’s discretionary                       
          determination to proceed with the filing of a notice of Federal             
          tax lien relating to the 1997 Federal income tax deficiency,                







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