Joseph Giamelli - Page 41




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          agreement request during the ensuing months.  The discussions did           
          not result in an installment agreement because Mr. Giamelli was             
          not current with his estimated tax payments for tax years after             
          2001 as required by existing IRS guidelines.                                
               After respondent issued a notice of determination to the               
          Giamellis sustaining the tax lien filing for 2001, Mr. Giamelli             
          filed a petition with this Court pursuant to sections 6320(c) and           
          6330(d).  The only issue raised by Mr. Giamelli in his petition             
          was his desire to be allowed to enter into an installment                   
          agreement to resolve his unpaid tax liability for 2001.                     
               Respondent and Mr. Giamelli subsequently reached an                    
          agreement regarding an installment agreement.  Unfortunately,               
          before a decision document could be executed by the parties, Mr.            
          Giamelli was killed in an automobile accident.  The majority                
          opinion indicates that Mr. Giamelli’s estate, of which Mrs.                 
          Giamelli is the executrix, will be substituted as petitioner.               
               Mrs. Giamelli, as executrix of the estate, repudiated the              
          installment agreement and notified respondent that she wishes to            
          disclose certain wrongdoings of her deceased husband that she               
          believes will alter the underlying tax liability for 2001.                  
          Specifically, she wants to disclose alleged illegal payments that           
          she believes are deductible and will reduce the tax liability               
          reported on the 2001 joint return.  Respondent filed a motion for           
          summary judgment in which he alleges that there is no dispute               







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