Mehdi H. Hajiyani - Page 2

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          and 1994 Federal income tax liabilities.  The issue for our                 
          consideration is whether respondent abused his discretion by                
          determining to proceed with the proposed levy.                              
                                  FINDINGS OF FACT2                                   
               At the time of the filing of the petition in this case,                
          petitioner resided in Rockville, Maryland.  On April 11, 2001,              
          petitioner was provided with the opportunity to contest his 1992,           
          1993, and 1994 income tax deficiencies in a trial before this               
          Court.  On December 12, 2001, the Court held in a Summary                   
          Opinion, inter alia, that petitioner was engaged in a money-                
          lending business for the years 1992 to 1994 and was allowed to              
          deduct certain expenses associated with that business.  See                 
          Hajiyani v. Commissioner, T.C. Summary Opinion 2001-183.                    
               In the above-referenced deficiency proceeding, the parties             
          were required to provide the Court with computations reflecting             
          the holdings in T.C. Summary Opinion 2001-183 for purposes of               
          entry of decision.  See Rule 155.  Respondent submitted a                   
          computation, but petitioner did not.  After a time, respondent              
          moved for an entry of decision in accord with his proposed                  
          computation, which was based on the Court’s Summary Opinion.                
               On February 22, 2002, petitioner, through his attorney,                
          Kenneth Wall, filed an objection to the entry of decision,                  


               2The parties’ stipulation of facts is incorporated by this             
          reference.                                                                  





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