- 2 - MEMORANDUM OPINION WHERRY, Judge: This case is before the Court on respondent’s motion for summary judgment pursuant to Rule 121 and to impose a penalty under section 6673.1 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 issues for decision are: (1) Whether respondent may proceed with collection action as so determined, and (2) whether the Court should impose a penalty under section 6673. Background Petitioner filed a Federal income tax return for the 1999 taxable year reporting zero liability. Respondent issued to petitioner a statutory notice of deficiency for 1999 on January 18, 2002. Respondent determined a deficiency of $10,380 and an accuracy-related penalty under section 6662(a) in the amount of $594. Petitioner responded to the notice on February 20, 2002, with a letter acknowledging her receipt of the notice and her right to file a petition with the Tax Court but stating, inter alia: “Before I file, pay, or do anything with respect to your ‘Notice,’ I must first establish whether or not it was sent 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011