- 2 - MEMORANDUM OPINION WHERRY, Judge: This case is before the Court on respondent’s motion for summary judgment pursuant to Rule 121.1 The instant proceeding arises from a petition for judicial review filed in response to a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330. The issue for decision is whether respondent may proceed with collection action as so determined. Background Petitioner filed Forms 1040, U.S. Individual Income Tax Return, for the taxable years 1997, 1998, and 1999, using the filing status of married filing separately. The 1997 return was filed on August 28, 2002, and reported a tax liability of $1,631.2 The 1998 return was filed on August 20, 2002, and reported a tax liability of $7,853. The 1999 return was filed on August 28, 2002, and reported a tax liability of $4,086. For the taxable year 2001, petitioner filed a joint return with Kathryn 1 Unless otherwise indicated, all section references are to the Internal Revenue Code of 1986, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 We note that respondent’s motion for summary judgment contains apparently inadvertent errors in listing for each tax year the same date for the filing of the return and the assessment of the reported liabilities. The attached transcripts of account for each year show the correct dates.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011