Leonard O. Parker, Jr. - Page 12

                                       - 12 -                                         
              Petitioner makes several arguments:  (1) The amounts                    
         assessed for tax years 1992-94 were incorrect; (2) petitioner’s              
         April 7, 1994, bankruptcy filing barred the assessment of his                
         1994 tax liability; (3) the assessments for tax years 1992-94                
         were untimely; (4) penalties under section 6651(a)(2) should be              
         abated; (5) interest on the tax liabilities for all tax years at             
         issue should be abated; (6) petitioner did not receive proper                
         notice of the filing of the NFTL; and (7) collection alternatives            
         were not properly considered.                                                
              The facts in this case do not support petitioner’s                      
         arguments.  Petitioner asserts the assessed amounts of taxes are             
         incorrect for all tax years at issue.  However, the taxes so                 
         assessed were reported by petitioner on his own Federal income               
         tax returns.  The assessed taxes were properly entered on the                
         NFTL.  The Court finds no evidence or reason to believe that any             
         of the amounts are incorrect.                                                
              Petitioner asserts his April 7, 1994, bankruptcy barred the             
         assessment of his 1994 tax liability.  A bankruptcy petition                 
         operates as an automatic stay of certain acts to collect, assess,            
         or recover any claim against the debtor that arose before the                
         commencement of the case in bankruptcy.3  11 U.S.C. sec. 362(a)(6)           

               3 Effective for bankruptcy proceedings commenced after Oct.            
          22, 1994, the Bankruptcy Code was amended to allow for an                   
          assessment of any tax during a bankruptcy stay.  11 U.S.C. sec.             
          362(b)(9)(D) (2000).                                                        

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011