Warren D. Ward - Page 3




                                        - 2 -                                         
          Revenue Code, 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) issued to petitioner in June 2005 and supplemented           
          in October 2006.  Pursuant to section 6330(d), petitioner seeks             
          review of respondent’s determination sustaining a proposed levy             
          for the taxable years 1997, 1998, and 1999.                                 
               After concessions,1 the issues for decision are:  (1)                  
          Whether respondent correctly determined petitioner’s underlying             
          tax liability for the years at issue; and (2) whether respondent            
          abused his discretion by sustaining the proposed levy.  The                 
          parties filed cross-motions for summary judgment pursuant to Rule           
          121(a).  For the reasons discussed below, we shall grant                    
          respondent’s motion and deny petitioner’s motion.                           
                                     Background                                       
               Petitioner resided in Whittier, California, when the                   
          petition was filed.                                                         
               During the years at issue, petitioner worked for Viking                
          Freight, Inc. (Viking Freight), which was later acquired by                 
          FedEx.  Petitioner filed a Federal income tax return for 1997.              


               1 Respondent concedes unreported income of $13 and $14 for             
          1997 and 1999, respectively, and an addition to tax under sec.              
          6651(a)(2) for 1997.                                                        





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