- 2 - 162.1 In his motion, petitioner moves that we vacate or revise the decision that we entered on September 21, 2004, in accordance with our Memorandum Opinion in Kun v. Commissioner, T.C. Memo. 2004-209 (Kun I). In Kun I, we sustained respondent’s determination that the notice of Federal tax lien filing was an appropriate enforcement action with respect to petitioner’s 1995, 1996, 1997, 1998, and 1999 income tax liabilities. In the motion, petitioner alleged that “this Court had no chance to consider the recent opinion of the United States Supreme Court in United States v. Galletti (March 23, 2004) 124 S Ct Reporter 1548.” This Supplemental Memorandum Opinion addresses petitioner’s contention. Background We adopt the findings of fact in our prior Memorandum Opinion, Kun I. For convenience and clarity, we repeat below the facts necessary for the disposition of this motion. Petitioner timely filed Federal income tax returns for 1995 through 1999 but failed to pay the amounts shown as due on the returns. On May 3, 2001, respondent sent to petitioner a Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320 for 1995 through 1999. On June 4, 2001, petitioner mailed to respondent Form 12153, Request for a Collection Due Process 1All Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect at all relevant times.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011