Johnny Owings Milam, Jr. and Brenda Ramsey Milam - Page 11

                                       - 11 -                                         
          respect to which the liabilities at issue in this case were                 
          assessed.                                                                   
               G.  Underlying Tax Liabilities                                         
               Petitioners also raise several issues that attack the                  
          validity of the underlying tax liabilities for 1996 and 1997.               
               Since petitioners received a notice of deficiency with                 
          respect to those years and did not petition this Court regarding            
          that notice, they are now precluded from disputing the existence            
          or amount of the underlying tax liabilities.  Sec. 6330(c)(2)(B);           
          Nestor v. Commissioner, supra.                                              
               H.  Conclusion                                                         
               Petitioners have not raised any spousal defenses, challenges           
          to the appropriateness of the collection action, or collection              
          alternatives.  We have considered every contention raised by                
          petitioners, and conclude that there are no genuine issues of               
          material fact, and that respondent is entitled to judgment as a             
          matter of law.  We shall therefore grant respondent’s motion for            
          summary judgment.  To reflect the foregoing,                                
                                                  An appropriate order and            
                                             decision will be entered.                













Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  

Last modified: May 25, 2011