- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011