Elsa Estelle Hopkins - Page 3




                                        - 2 -                                         
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
               This proceeding arises from a petition for judicial review             
          filed in response to a Notice of Determination Concerning                   
          Collection Action(s) Under Section 6320 and/or 6330 (notice of              
          determination) for unpaid Federal income tax for tax years 1994,            
          1995, and 1996, issued to petitioner on March 16, 2006.1  After a           
          concession,2 the issues for decision are:  (1) Whether petitioner           
          is entitled to relief under section 6015(f) for tax years 1995              
          and 1996, and (2) whether respondent abused his discretion in               
          sustaining the filing of a notice of Federal tax lien against               
          petitioner for those years.                                                 
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in San Jose, California.                      
               Petitioner married Jack Hopkins on March 15, 1980.  While              
          they were together, petitioner and Mr. Hopkins had two children,            
          who were 18 and 25 years old at the time of trial.  During the              


               1 At trial, respondent moved to dismiss for mootness and to            
          strike as to tax year 1994 because payment in full before the               
          filing of the petition rendered the proposed lien unnecessary as            
          to that year.  Respondent’s motion was granted, and tax year 1994           
          is not in issue.                                                            
               2 Petitioner concedes the amounts of tax owed.                         





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