Glenn Broderick - Page 2




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          opinion, we shall treat respondent’s motion as a motion for                 
          summary judgment only, and we decide only whether respondent is             
          entitled to summary judgment under Rule 121.2                               
                                     Background                                       
               This is an appeal from respondent’s determination upholding            
          the filing of a Federal tax lien against petitioner for unpaid              
          income tax liabilities for the years 1995, 1996, and 1997.  When            
          his petition was filed, petitioner showed his address as c/o 4108           
          E. Indian School Road, Phoenix, Arizona 85018.                              
               Petitioner did not file Federal income tax returns for 1995,           
          1996, or 1997.  Respondent sent petitioner a notice of deficiency           
          for 1995-97, and petitioner filed a petition for redetermination.           
          See Broderick v. Commissioner, docket No. 10847-00.  On April 10,           
          2002, we dismissed docket No. 10847-00 because of petitioner’s              
          failure to properly prosecute the case.  On or about August 23,             
          2002, petitioner appealed the decision to the U.S. Court of                 
          Appeals for the Ninth Circuit.  On May 16, 2003, the Court of               
          Appeals affirmed our decision.  Broderick v. Commissioner, 63               
          Fed. Appx. 374 (9th Cir. 2003).                                             
               On October 7, 2002, respondent assessed petitioner’s Federal           
          income tax liabilities, including interest, for 1995-97.                    
          Respondent subsequently mailed to petitioner a Notice of Federal            
          Tax Lien Filing and Notice of Your Right to a Hearing, dated                

               2We deny respondent’s request for a penalty under sec. 6673.           






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