Claude E. and Dana L. Salazar - Page 2

                                        - 2 -                                         
          concerning a collection action under section 63301 with respect             
          to the employment tax liabilities, and (2) the Tax Court does not           
          have jurisdiction over Mr. Salazar’s employment tax liabilities.            
                                     Background                                       
               Petitioners resided in Nassau, New York, when their petition           
          was filed.                                                                  
               From April 1995 until at least sometime in 2001, petitioners           
          operated a sole proprietorship, Artistic Nature.2  In January               
          2001, petitioners filed a chapter 7 bankruptcy petition.  On July           
          25, 2002, the U.S. Bankruptcy Court discharged petitioners from             
          all dischargeable debts.  However, at the time of the hearing in            
          the instant case on respondent’s motion to dismiss, petitioners             
          had not yet received a final accounting and distribution3 from              
          the U.S. Trustee.                                                           
               On a date that does not appear in the record, petitioners              
          received a Notice of Intent To Levy and Notice of Your Right to a           






               1All section references are to the Internal Revenue Code in            
          effect at the time the petition was filed.                                  
               2Although both petitioners operated the business, the                  
          employment tax liabilities appear in Mr. Salazar’s name only, and           
          we address them as such here.                                               
               3Petitioners anticipate receiving a distribution of                    
          approximately $20,000 from the U.S. Trustee after fees and                  
          expenses.                                                                   




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

Last modified: May 25, 2011