- 2 - The sole issue for decision is whether respondent's determination was an abuse of discretion. We hold that it was not. Unless otherwise stated, section references are to the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. References to petitioner are to Brian Nicklaus. FINDINGS OF FACT Some of the facts have been stipulated and are so found. Petitioners are married and had a mailing address in Stevenson, Washington, when the petition was filed. A. Petitioners’ Prior Tax Court Case Relating to Respondent’s Lien for Petitioners’ Tax Years 1993-96 Petitioners had a prior case in this Court, Nicklaus v. Commissioner, 117 T.C. 117 (2001), in which we sustained respondent’s determination that notices of Federal tax lien for petitioners’ 1993-96 income tax liabilities had been properly recorded. Petitioners filed Federal income tax returns for 1993 and 1994 in September 1995. Id. at 117. Respondent prepared substitutes for petitioners’ 1995 and 1996 returns and issued a notice of deficiency to petitioners for their 1993-96 tax years. Id. Petitioners did not file a petition with this Court for 1993-96. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011