- 16 - the Form 4549-CG, testified credibly, and without contradiction, that the figures in the Form 4549-CG were correct and did not contain the same errors as the plea agreement.4 Our own review of the Form 4549-CG also indicates that the correct amounts of the Toya and Booz checks were included in petitioners’ income as reflected on that form. C. Taxable Years 1997 and 1998 Petitioners’ unpaid tax liabilities for 1997 and 1998 arise from self-assessed amounts reported on their Federal income tax returns. Petitioners would not have been precluded from challenging these liabilities under section 6330(c)(2)(B). See Montgomery v. Commissioner, 122 T.C. 1 (2004). Nonetheless, petitioners have raised no challenges to their unpaid tax liabilities for 1997 and 1998. III. Notice and Demand In their pretrial memorandum and at trial, petitioners argued that they did not receive proper notice and demand for payment as required under section 6331(a). On brief, however, petitioners make no argument regarding respondent’s compliance with the requirement of notice and demand in section 6331(a). We 4 On the Form 4549-CG, the total amount of tax due for 1993, 1994, and 1995 is shown to be $143,470, whereas in petitioners’ criminal proceeding the Government indicated that the corrected tax loss was $128,390.29. Revenue Agent Johnson explained that this difference is attributable to the Government’s use of a flat 28-percent tax rate in criminal tax evasion cases.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011