Chester E. Davis - Page 2




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          and/or 6330 (Notice of Determination), advising that the filing             
          of the NFTL and proposed levy action for petitioner’s 2001 tax              
          liability was sustained.  The parties filed cross-motions for               
          summary judgment and the issues presented for our consideration             
          are:  (1) Whether there was an abuse of discretion in                       
          respondent’s determination to sustain the filing of an NFTL                 
          relating to petitioner’s 2001 tax liability and to proceed with             
          collection or levy action; and, (2) whether a penalty under                 
          section 66731 should be imposed against petitioner for advancing            
          frivolous positions in this case.                                           
                                   Background                                         
               Petitioner failed to file a 2001 Federal income tax return,            
          and respondent sent petitioner a notice of deficiency determining           
          an income tax deficiency and additions to tax.  Petitioner                  
          received the deficiency notice but took no action in response to            
          respondent’s determination, and respondent assessed the income              
          tax deficiency and additions to tax.  Thereafter, respondent sent           
          petitioner an NFTL on June 2, 2005.  In response, petitioner                
          submitted a Form 12153, Request for a Collection Due Process                
          Hearing (hearing request), dated June 27, 2005.                             




               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the period under                    
          consideration, and all Rule references are to the Tax Court Rules           
          of Practice and Procedure.                                                  






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