Kenneth A. Sapp - Page 7

                                        - 7 -                                         
               On July 2, 2003, respondent filed a motion for summary                 
          judgment.  On August 29, 2003, however, respondent, conceding               
          that genuine issues of material fact remained in the case, sought           
          leave to withdraw the motion and, conceding that issuance of the            
          2003 supplemental determination was improper once this Court had            
          obtained jurisdiction, also requested that the Court remand the             
          case to Appeals in order to hold a hearing with petitioner and              
          issue a "proper" supplemental notice of determination.  On                  
          September 2, 2003, we granted respondent's motion to withdraw his           
          motion for summary judgment and remanded the case to Appeals for            
          the purpose of affording petitioner a hearing under section 6330.           
               Petitioner's case was assigned to a new Appeals employee,              
          K.C. Waters (Settlement Officer Waters), who contacted petitioner           
          by letter on several occasions in an effort to schedule a                   
          conference.  In two of the letters, Settlement Officer Waters               
          also requested that petitioner submit a collection information              
          statement and returns for those years in which petitioner had not           
          filed.  After petitioner repeatedly failed to appear for                    
          scheduled conferences (citing, inter alia, his desire to submit a           
          Freedom of Information Act request and to obtain counsel), this             


               3(...continued)                                                        
          supplemental determination.  This Court denied the motion, Sapp             
          v. Commissioner, T.C. Memo. 2003-207, holding that the notice of            
          determination embodied a determination to proceed with the                  
          collection of the taxes in issue and was therefore sufficient for           
          purposes of our jurisdiction.                                               





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