Claude E. and Dana L. Salazar - Page 11




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          05L did not seek to challenge the underlying income tax                     
          liabilities that respondent was seeking to collect.                         
               Respondent moved to dismiss for lack of jurisdiction as to             
          Mr. Salazar’s employment tax liabilities on the grounds that                
          respondent had never issued a notice of determination concerning            
          a collection action under section 6330 with respect to the                  
          employment tax liabilities.  In a Salazar v. Commissioner, T.C.             
          Memo. 2006-7, filed January 18, 2006, we found that no notice of            
          determination for purposes of section 6330 had been issued with             
          respect to petitioners’ employment tax liabilities and granted              
          respondent’s motion to dismiss for lack of jurisdiction with                
          respect to Mr. Salazar’s employment tax liabilities.3                       
               In the interim, on June 20, 2005, the bankruptcy trustee               
          submitted to the bankruptcy court a Trustee’s Final Report and              
          Application for Compensation and Reimbursement (the final                   
          report).  In the final report, payment on respondent’s secured              
          claim of $19,915.40 was not allowed.  Instead, payment on                   
          respondent’s priority claim of $43,673.45 was allowed.  On August           
          22, 2005, the bankruptcy trustee disbursed $17,834.51 to                    
          respondent.                                                                 

               3Respondent also moved to dismiss on the grounds that the              
          Court lacked jurisdiction to hear any challenge to Mr. Salazar’s            
          employment tax liabilities.  However, because respondent issued a           
          notice of determination with respect to Mr. Salazar’s employment            
          tax liabilities on Oct. 18, 2006, respondent admits that we now             
          have jurisdiction to review his determination under sec.                    
          6330(d)(1).  See Callahan v. Commissioner, 130 T.C. __ (2008).              






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