- 3 - As discussed in detail below, we conclude that there is no dispute as to a material fact in this case and respondent is entitled to judgment as a matter of law. Consequently, we shall grant respondent’s motion. Background The record establishes and/or the parties do not dispute the following. Petitioner resided in Ham Lake, Minnesota, at the time the petition was filed. Petitioner filed joint Federal income tax returns with her now former spouse, Curtis J. Lingwall, for the taxable years 1997 and 1998, on August 16, 1998, and April 20, 1999, respectively. Although both tax returns reported taxes due, petitioner and her former spouse failed to remit payment with the returns. Petitioner subsequently submitted to respondent a request for relief from joint and several liability on a joint return for 1997 and 1998. Respondent issued to petitioner on August 15, 2001, a Final Notice denying her request for relief for 1997 and 1998. Petitioner did not file with the Court a petition challenging respondent’s determination. Almost 2 years later, on April 17, 2003, respondent issued to petitioner a Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320 regarding her unpaid tax liabilities for 1997 and 1998. On May 16, 2003, petitioner submitted to respondent a Form 12153, Request for a Collection Due ProcessPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011