Dudley Joseph Callahan and Myrna Dupuy Callahan - Page 2




                                         -2-                                          
                    Held, further:  R has failed to carry his burden                  
               of proving that he is entitled to summary judgment.                    


               Dudley Joseph Callahan and Myrna Dupuy Callahan, pro sese.             
               Scott T. Welch, for respondent.                                        

                                       OPINION                                        

               HAINES, Judge:   This case is before the Court on                      
          respondent’s motion for summary judgment filed pursuant to Rule             
          121.1  The issues for decision are:                                         
               (1) Whether we have jurisdiction to review respondent’s                
          determination issued under section 6330 when the underlying tax             
          liability consists of frivolous return penalties.  We hold that             
          we do;                                                                      
               (2) whether in reviewing respondent’s determination under              
          section 6330, we may consider petitioners’ challenges to two                
          section 6702 frivolous return penalties.  We hold that we may;              
               (3) whether respondent is entitled to summary judgment.  We            
          hold that he is not.                                                        







               1Unless otherwise indicated section references are to the              
          Internal Revenue Code in effect at the time the petition was                
          filed.  Rule references are to the Tax Court Rules of Practice              
          and Procedure.  Amounts are rounded to the nearest dollar.                  





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