Albert Matut, as the Possessor of Certain Cash v. Commissioner of Internal Revenue

ANDERSON, Circuit Judge.

In this appeal, we examine the propriety of a termination assessment and subsequent notice of deficiency issued pursuant to the jeopardy presumptions of § 6867 of the Internal Revenue Code (“Code”) to Albert Matut in his capacity as possessor of $175,000 cash. We conclude that the assessment and notice were proper and thus we vacate the decision below and remand this case to the Tax Court with instructions to enter a deficiency judgment against Albert Matut as possessor of certain cash.

I. FACTS AND PROCEDURAL BACKGROUND

Mario Lignarolo allegedly was employed by COINPA,…