Alfred J. Martin - Page 3

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          representing limited partners in tax shelter litigation, filed a            
          petition with this Court on behalf of petitioner and Amilu                  
          seeking a redetermination of their 1980 deficiency.2  Mr. Berg              
          attached to the petition a copy of Amilu’s notice.  In Martin I,            
          we granted petitioner’s request to dismiss him from the 1980                
          deficiency case for lack of jurisdiction, concluding that                   
          petitioner did not file, authorize the filing of, or ratify the             
          filing of the petition Mr. Berg signed and submitted.                       
               On November 20, 2000, respondent assessed petitioner’s share           
          of the 1980 joint deficiency and sent petitioner a notice of                
          balance due.  On November 29, 2001, respondent issued a Final               
          Notice–-Notice of Intent to Levy and Notice of Your Right to a              
          Hearing.  On December 14, 2001, petitioner timely submitted Form            
          12153, Request for a Collection Due Process Hearing, requesting a           
          hearing under section 6330.                                                 
               At the section 6330 hearing, petitioner’s counsel argued               
          that the limitations period had expired before respondent                   
          assessed petitioner’s 1980 income tax liability.  Petitioner’s              
          counsel raised no other issues, although counsel expressed                  
          interest in discussing an installment agreement if the Appeals              
          Officer rejected his limitations argument.                                  



               2On Aug. 4, 1986, at petitioner’s request, Mr. Berg had                
          filed a petition for redetermination of petitioner’s 1981 and               
          1982 income tax deficiencies.                                               





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