- 2 - David P. Leeper, for petitioners. Erin K. Huss, for respondent. MEMORANDUM OPINION NIMS, Judge: This case is before the Court on both parties’ motions for summary judgment pursuant to Rule 121. 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. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The parties do not challenge the Court’s jurisdiction over this case. Petitioners do not dispute their liability for underlying taxes, penalties, and interest. The sole issue for decision is whether respondent’s rejection of petitioners’ offer in compromise constitutes an abuse of discretion. Background Some of the facts are stipulated and are incorporated herein by this reference. At the time the petition was filed in this case, petitioners resided in El Paso, Texas. Petitioner Sal Alaniz is a 73-year-old insurance salesman who has been diagnosed with high blood pressure and severe vision impairment. Petitioner Ruth Alaniz assists her husband in thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011