Jesse R. Lance - Page 4

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          and 1993 tax years (penalty notice).  The penalty notice                    
          identified the liability in issue as follows:                               
               Tax Type/Form Number and Tax Period(s) Ended:                          
               Civil Penalties, periods ended 12/31/1992, 12/31/1993                  
          The record reveals that the penalties in issue include income tax           
          preparer penalties assessed, pursuant to section 6694(a) and (b),           
          for petitioner’s 1992 and 1993 tax years (the preparer                      
          penalties).  The penalty notice provided the following                      
          instructions for petitioner to pursue a judicial review of the              
          determination:                                                              
               If you want to dispute this determination in court, you                
               have 30 days from the date of this letter to file a                    
               complaint in the appropriate United States District                    
               Court for a redetermination.                                           
               Petitioner timely filed a petition with this Court for                 
          judicial review of the determination with respect to the preparer           
          penalties.1  On November 2, 2005, respondent filed the instant              
          motion to dismiss for lack of jurisdiction as to the preparer               
          penalties.                                                                  
               Section 6321 provides that if any person liable to pay any             
          tax neglects or refuses to pay the same after demand, the unpaid            
          tax shall be a lien in favor of the United States upon all                  


               1Petitioner filed an amended petition on Oct. 19, 2004.  We            
          note that petitioner has not challenged in this Court the                   
          determination of respondent’s Appeals Office with respect to the            
          proposed lien related to the income tax liability for                       
          petitioner’s 1992, 1997, 1998, and 2000 tax years, as set forth             
          in the tax notice.                                                          




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