Richard Allan and Corinne Lucille Balser - Page 3




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               The petition was filed in response to a Notice of                      
          Determination Concerning Collection Action(s) Under Section 6330            
          (notice of determination).  Pursuant to section 6330(d),                    
          petitioners seek review of respondent’s notice of intent to levy            
          relating to their tax liabilities for 1992, 1993, and 1996.1                
                                     Background                                       
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  At the time the             
          petition was filed, petitioners resided in Lynnwood, Washington.            
               Petitioners jointly filed for 1992, 1993, and 1996 Forms               
          1040, U.S. Individual Income Tax Return.  Because petitioners               
          self-assessed their taxes for all years in issue, no statutory              
          notice of deficiency was issued.                                            
               During the years at issue, petitioner Richard Balser (Mr.              
          Balser) and petitioner Corinne Balser (Mrs. Balser) were the sole           
          owners of Homewood Development, Inc. (HDI).  HDI was in the                 
          business of developing residential projects.                                


               1Petitioners also sought the review of a Notice of                     
          Determination Concerning Collection Action(s) Under Section 6330            
          issued to Mr. Balser regarding a civil penalty under sec. 6672              
          for the third quarter of 1996.  The Court’s jurisdiction to                 
          review the Commissioner’s determination regarding a collection              
          matter is limited to cases where the underlying tax liability is            
          of the type over which the Court normally has jurisdiction.  See            
          Moore v. Commissioner, 114 T.C. 171, 175 (2000).  By order dated            
          Jan. 25, 2006, the Court granted respondent’s motion to dismiss             
          for lack of jurisdiction to the extent that petitioners seek a              
          review of the collection activity regarding the sec. 6672                   
          penalty.                                                                    





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