- 2 - for summary judgment pursuant to Rule 121. Respondent's motion is supported by the Declaration of Daniel J. Mazaroli, the Appeals officer who conducted petitioners' section 6330 hearing, and relevant documents from the administrative file. Petitioners' opposition is supported by the Declaration of Arthur A. Lemann III and an attached exhibit setting forth Mr. Lemann's interests in certain family corporations. The only issue before the Court is whether respondent abused his discretion in determining to proceed to levy with respect to petitioners' income tax liabilities for the taxable years 1992, 1993, 1994, and 1996. We conclude that no genuine issue as to any material fact exists and that respondent is entitled to summary judgment in his favor. Background Petitioners are Arthur A. Lemann III, a practicing attorney, and his wife, Roberta A. Lemann, a clerk. At the time the petition was filed, petitioners resided in New Orleans, Louisiana. Petitioners do not dispute their underlying tax liability. As of the date the notice of levy was issued, petitioners' unpaid Federal income tax liabilities were as follows:Page: 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