Claude E. and Dana L. Salazar - Page 2




                                        - 2 -                                         
          collection action(s) under section 6320 and/or 6330.1  In                   
          response to a notice of intent to levy issued by respondent with            
          respect to outstanding income tax liabilities, petitioners Claude           
          and Dana Salazar (Mr. and Mrs. Salazar) submitted an offer-in-              
          compromise for all of their outstanding tax liabilities, which              
          also included employment tax liabilities of Mr. Salazar.                    
          Petitioners also sought abatement of penalties for the period               
          their bankruptcy petition was pending.  After Mr. Salazar                   
          individually received a notice of intent to levy with respect to            
          his employment tax liabilities, Mr. Salazar submitted a second              
          offer-in-compromise and again challenged the assessment of                  
          penalties and interest during the pendency of petitioners’                  
          bankruptcy petition.  Respondent issued separate notices of                 
          determination rejecting both offers-in-compromise and sustaining            
          the proposed collection actions.                                            
               We have jurisdiction to review respondent’s collection                 
          determination relating to the employment tax liabilities as well            
          as the income tax liabilities under amended section 6330(d)(1)              
          because respondent made his determination more than 60 days after           
          August 17, 2006.  See Callahan v. Commissioner, 130 T.C. __                 
          (2008).  Respondent has now admitted to assessing a penalty                 
          erroneously for petitioners’ 1997 income tax year while their               

               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008