Mohammed Ali Gazi and Estate of Raees Iftekhar Gazi, Deceased, Mohammed Ali Gazi, Personal Representative - Page 18




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          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).                                 







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