Gregory Drake - Page 2

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                                       OPINION                                        

               WELLS, Judge:  Respondent’s Appeals Office determined that a           
          proposed levy should be sustained against petitioner, who timely            
          filed a petition for review of the determination.  We review the            
          determination for abuse of discretion.  Unless otherwise                    
          indicated, all section references are to the Internal Revenue               
          Code, as amended, and all Rule references are to the Tax Court              
          Rules of Practice and Procedure.                                            
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated herein by this reference.                                      
               Petitioner Gregory Drake and Barbara Drake are husband and             
          wife.  At the time of the filing of the petition, petitioner                
          resided in South Yarmouth, Massachusetts.                                   
               As of August 19, 1997, respondent had filed Notices of                 
          Federal Tax Lien against petitioner for income tax liabilities              
          for 1991, 1992, and 1995.  On that date, Barbara Drake and                  
          petitioner filed a joint bankruptcy petition under chapter 13 of            
          the Bankruptcy Code with the U.S. Bankruptcy Court for the                  
          District of Massachusetts.  In the bankruptcy proceedings,                  
          Barbara Drake and petitioner received authority to sell three               
          properties which were subject to Federal tax liens.  The                    
          properties were sold free and clear of the tax liens, with a tax            





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