- 8 - In September 2005, the Court issued its opinion in docket No. 1397-05, involving the Hunters’ taxable year 2001. As mentioned above, the Court dismissed the Hunters’ case for failure to state a claim upon which relief may be granted. Thus, the Commissioner’s determination with respect to 2001 was sustained in full. See Hunter v. Commissioner, T.C. Memo. 2005- 219. In October 2005, Mr. Hunter filed an amended petition in this case that states in part: “I respectfully request case remand or return to Appeals under Rule 34(b), IRC 6330, and Erickson v. United States. (2002) [sic] * * * Appeals rejected proof of my receiving $237,734.82 in * * * tax abatements for tax years 2000 & 2001.” Respondent filed a motion to dismiss the collection case for failure to state a claim upon which relief can be granted. At a hearing on the motion on January 4, 2006, Mr. Hunter was present. Respondent’s counsel noted the Court’s recent decision in Hunter v. Commissioner, supra, with respect to the taxable year 2001. In light of that decision, the Court allowed respondent to withdraw his motion and ordered Mr. Hunter to file a second amended petition to clarify his position with respect to the effect of the abatement of premature assessments. Mr. Hunter did not file a second amended petition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011