- 9 - liability and collectibility was not acceptable because it was “detrimental to the interests of fair tax administration”, and (3) the liens would not be released. The estate filed with the Court a timely petition for lien or levy action challenging respondent’s notice of determination. The estate subsequently filed a motion for abatement of assessments. The estate maintains that the assessments that respondent entered against the estate are no longer valid inasmuch as the Court’s decisions in the Kanter deficiency cases have been vacated. According to the estate, in the absence of valid assessments, respondent must release the liens in dispute. Respondent filed (1) a response in opposition to the estate’s motion and (2) a motion to stay proceedings. Relying primarily upon Estate of Smith v. Commissioner, 115 T.C. 342 (2000), respondent avers that the assessments entered against the estate remain valid notwithstanding that the Court’s decisions in the Kanter deficiency cases have been vacated. Respondent also contends that, considering the current procedural posture of the Kanter deficiency cases, the Court should stay this collection case until such time as decisions in the Kanter deficiency cases become final. The estate filed an objection to respondent’s motion to stay proceedings and a reply to respondent’s response. In addition, the estate filed a notice informing the Court that, after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011