- 4 - as facts in the instant case. At the time petitioners filed their petition, they resided in Taunton, Massachusetts. During the 1970s, petitioners operated Joseph Enos & Sons (Enos & Sons) and were engaged in the scrap metal business in Massachusetts. Petitioners routinely sold scrap metals to Metropolitan Metals, Inc. (MMI), of Harrisburg, Pennsylvania, from whom petitioners had a significant account receivable for scrap metal purchased by MMI (account receivable). Petitioners made estimated tax payments of $1,753.51 for their 1971 tax year. Respondent conducted an audit of petitioners’ 1971 tax year. On November 14, 1977, respondent assessed $164,886.76 in liabilities for 1971, comprising an income tax liability of $88,156.02, an addition to tax for fraud of $44,078.01 relating to certain cash transactions, and interest of $32,652.73. Petitioners did not dispute the liabilities assessed against them for 1971. On August 15, 1978, in an attempt to collect payments on petitioners’ 1970, 1971, and 1972 tax liabilities, respondent issued MMI a notice of levy (August 15, 1978, notice of levy), seizing the account receivable. When respondent issued MMI the August 15, 1978, notice of levy, MMI was experiencing financial problems. The August 15, 1978, notice of levy informed MMI that it owed respondent $310,333.58, of which $159,476.08 was for petitioners’ 1971 tax year. The August 15, 1978, notice of levyPage: 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