Joseph F. and Caroline Enos - Page 2

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               receivable because M continued to make payments to Ps                  
               after R issued M the notice of levy and Ps participated                
               in the negotiation of the payment agreement with M.                    
               Held:  Ps’ liability to R was not satisfied when R                     
               issued M the notice of levy because it only provided R                 
               with legal custody of Ps’ account receivable from M.                   
               Held, further, R did not have “dominion and control”                   
               over the account receivable from M to Ps.  Held,                       
               further, the notice of determination relates only to                   
               Ps’ 1971 tax year, and the Court does not have                         
               jurisdiction over Ps’ 1970 and 1972 tax years.  Held,                  
               further, res judicata does not apply to the instant                    
               case.  Held, further, collateral estoppel does not                     
               apply to the instant case.  Held, further, the Court                   
               does not have jurisdiction to determine whether M’s                    
               bankruptcy trustee is liable for penalties under 31                    
               U.S.C. secs. 191 and 192 (2000) and secs. 6331 and                     
               6332, I.R.C.  Held, further, petitioners are not                       
               entitled to an abatement of interest because a                         
               significant aspect of any error or delay is                            
               attributable to petitioners.                                           

               Hans A. Stoeckler, for petitioners.                                    
               D. Sean McMahon, for respondent.                                       


                                       OPINION                                        

               WELLS, Judge:  The petition in the instant case was filed in           
          response to a Notice of Determination Concerning Collection                 
          Action(s) Under Section 6320 and/or 6330 (notice of                         
          determination).1  In the notice of determination, respondent                
          determined that collection should proceed against petitioners to            



               1All section references are to the Internal Revenue Code, as           
          amended, and all Rule references are to the Tax Court Rules of              
          Practice and Procedure.                                                     




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