- 18 - 2004, Mr. Gazi filed with the Court a motion for leave to file a motion to vacate final decision in the Gazis’ Tax Court case. On July 28, 2005, the Court issued the July 28, 2005 Opinion and an Order denying that motion for leave. On August 30, 2005, Mr. Gazi and Ms. Gazi’s estate filed a motion for reconsideration of the July 28, 2005 Opinion. On October 31, 2005, while their motion for reconsideration of the July 28, 2005 Opinion was pending before the Court, Mr. Gazi and Ms. Gazi’s estate filed a notice of appeal with the Court of Appeals for the Eleventh Circuit. On May 17, 2006, the Court of Appeals for the Eleventh Circuit remanded the Gazis’ Tax Court case to the Court for a ruling on the motion for reconsideration of the July 28, 2005 Opinion. On June 12, 2006, the Court issued an Order denying the motion for reconsideration of the July 28, 2005 Opinion. On May 10, 2007, the Court of Appeals for the Eleventh Circuit affirmed the Gazis’ Tax Court decision. On the record before us, we find that Mr. Gazi and Ms. Gazi’s estate may not challenge the exis- tence or the amount of the underlying tax liability for each of their taxable years 1983 through 1989. Where, as is the case here, the validity of the underlying tax liability is not properly placed at issue, the Court will review the determination of the Commissioner for abuse of discre- tion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: March 27, 2008