- 13 - No. 114-88) under Rule 162. Petitioner admits in his brief that “The proper course of action to challenge the tax and interest assessments on the grounds raised herein would be to petition the Tax Court for leave to file a Motion to Vacate its decision.” Adjudication of those grounds here would subject the validity of the decision in the Lumenetics case to an impermissible collateral attack. Cf. Celotex Corp. v. Edwards, 514 U.S. 300, 313 (1995) (quoting Walker v. Birmingham, 388 U.S. 307, 314 (1967)); McCorkle v. Commissioner, 124 T.C. 56, 65-66 (2005); Sennett v. Commissioner, 69 T.C. 694, 696-697 (1978); Hackworth v. Commissioner, T.C. Memo. 2004-173. (As indicated above, other partners in the Lumenetics partnership attempted and failed in the Tax Court as well as in the U.S. Court of Appeals for the Ninth Circuit to have the decision in Lumenetics vacated. Our statement regarding the proper procedure for challenging the jurisdiction of the Court in that case should not be construed as a recommendation that the course be further pursued.) Even if petitioner were entitled to contest the underlying tax liability in this case, he has not shown, and apparently is unable to show, that disallowance of the partnership losses claimed on his individual returns for the years in issue is erroneous. Petitioner admitted at trial that he never had records of income or expenses incurred by the partnerships that were deducted on his returns. The bottom line is that petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011