- 2 - 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 attorneyPage: Previous 1 2 3 4 5 6 7 8 Next
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