- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007