Alfred J. Martin - Page 2

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               In Martin II, we affirmed respondent’s determination to                
          proceed with collection by levy, and, as relevant to our                    
          discussion herein, we concluded that although the petition filed            
          on petitioner’s behalf in Martin v. Commissioner, T.C. Memo.                
          2000-187 (Martin I), affd. on other grounds 38 Fed. Appx. 980               
          (4th Cir. 2002), was unauthorized and petitioner’s copy of the              
          joint notice of deficiency was not attached, the petition placed            
          a “proceeding in respect of the deficiency” on this Court’s                 
          docket and suspended the statutory limitations period for                   
          assessment (the limitations period).                                        
               In his motion, petitioner alleges that our opinion in Martin           
          II “made material factual errors in conflict with the facts found           
          in [Martin I]” and “made material errors in analysis of the cases           
          relied upon by both parties”.  This Supplemental Memorandum                 
          Opinion addresses those allegations.                                        
                                     Background                                       
               We adopt the findings of fact in our prior Memorandum                  
          Opinion, Martin II.  For convenience and clarity, we repeat below           
          the facts necessary for the disposition of this motion.                     
               On April 15, 1981, petitioner and his wife at the time,                
          Amilu, filed a joint Federal income tax return for 1980 (the 1980           
          joint return).  On June 7, 1988, respondent issued notices of               
          deficiency to petitioner and Amilu with respect to the 1980 joint           
          return.  On September 6, 1988, Jeffrey Berg, an attorney                    






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