Russell L. Voorhees - Page 2

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          merits of his tax liabilities for 1991 and 1996 and to show that            
          respondent’s determination to proceed with collection was an                
          abuse of discretion.1                                                       
               On November 5, 2003, respondent filed a Motion For Summary             
          Judgment seeking to preclude petitioner from addressing the                 
          merits of his underlying tax liabilities.  In a January 23, 2004,           
          Order, this Court granted respondent’s motion with respect to the           
          1991 tax year based on section 6330(c)(2)(B) and denied                     
          respondent’s motion with respect to the 1996 year.  At trial,               
          petitioner conceded that he did not want to raise the underlying            
          merits of his 1996 tax liability, which arose due to petitioner’s           
          self-assessed tax liability reflected in his 1996 tax return.               
               The remaining issue for our consideration is whether                   
          respondent abused his discretion in refusing to accept                      
          petitioner’s offer in compromise.                                           
               All section references are to the Internal Revenue Code in             
          effect for the years in issue.                                              
                                 FINDINGS OF FACT                                     
               At the time of filing his petition, petitioner resided in              
          Phoenix, Arizona.  On February 3, 1993, petitioner filed his 1991           
          Federal income tax return, and on July 19, 1994, respondent                 


               1 It may be noted that in a prior Memorandum Opinion the               
          Court granted a motion by respondent to dismiss Ruth C. Voorhees            
          from this proceeding for lack of jurisdiction.  Voorhees v.                 
          Commissioner, T.C. Memo. 2002-289.                                          





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