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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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Last modified: May 25, 2011