Scott Perry Picchiottino - Page 2

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                                 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.                            




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