Olivia Scibilia - Page 2

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          income taxes with additions thereto totaling approximately                  
          $331,202.39.2  Respondent has filed a motion for summary judgment           
          under Rule 121, to which petitioner has not responded.  We shall            
          grant respondent’s motion for summary judgment.                             
                                     Background                                       
               Petitioner won the lottery in 1997.  In 1998, she sold for             
          $1,705,000 a portion of her interest in the future lottery                  
          payments and reported the sales price as capital gains income on            
          her 1998 Federal income tax return.  Following an audit,                    
          respondent determined that this amount was taxable as gambling              
          income at ordinary income tax rates.  A notice of deficiency                
          reflecting this determination was issued on March 19, 2002.                 
          Petitioner did not petition this Court with respect to the                  
          notice.                                                                     
               On August 5, 2002, petitioner’s tax liability was assessed             
          as determined in the notice of deficiency.  When she failed to              
          pay the amount due, respondent issued a notice of intent to levy            
          on February 7, 2003.  She timely requested a section 6330                   
          hearing, which Appeals conducted telephonically with her                    
          designated representative.  During this hearing, petitioner                 


               1(...continued)                                                        
          references are to the Tax Court Rules of Practice and Procedure.            
               2 We say “approximately” as these amounts were computed                
          before the present proceeding and have since increased on account           
          of interest.                                                                




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