Nield and Linda Montgomery - Page 2

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                    Held:  R’s Motion for Summary Judgment will be                    
               denied.  Sec. 6330(c)(2)(B), I.R.C., permits Ps to                     
               challenge the existence or amount of the tax liability                 
               reported on their original tax return because Ps have                  
               not received a notice of deficiency and have not                       
               otherwise had an opportunity to dispute the tax                        
               liability in question.                                                 


               Duncan C. Turner and Brian G. Isaacson, for petitioners.               
               Glenn P. Thomas and Julie L. Payne, for respondent.                    


                                       OPINION                                        

               DAWSON, Judge:  This case was assigned to Chief Special                
          Trial Judge Peter J. Panuthos, pursuant to the provisions of                
          section 7443A(b)(4) and Rules 180, 181, and 182.1  The Court                
          agrees with and adopts the opinion of the Special Trial Judge,              
          which is set forth below.                                                   

                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               PANUTHOS, Chief Special Trial Judge:  This matter is before            
          the Court on respondent’s Motion for Summary Judgment, filed                
          pursuant to Rule 121.  As explained in detail below, we shall               
          deny respondent’s motion.                                                   
                                     Background                                       
               On or about October 18, 2001, petitioners filed a timely               


               1  Section references are to the Internal Revenue Code, as             
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.                                                              




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