Percy Squire Co LLC

United States Tax Court·Decided August 19, 2026·No. 16141-23·Unpublished

Opinion

United States Tax Court

T.C. Memo. 2026-72

PERCY SQUIRE CO LLC,

Petitioner

v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 16141-23L. Filed August 19, 2026.

Percy Squire, for petitioner.

Gary R. Shuler and Lindsey L. Cacciatore, for respondent.

MEMORANDUM OPINION

ASHFORD, Judge: In this collection due process (CDP) case petitioner seeks review pursuant to sections 6320(c) and 6330(d) 1 of a determination by the Internal Revenue Service (IRS) Independent Office of Appeals (Appeals) to uphold a proposed levy and the filing of a Notice of Federal Tax Lien (NFTL). The proposed levy seeks to collect the following unpaid liabilities that were assessed against petitioner: (1) unpaid liabilities reported on Forms 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return, for the 2009 and the 2013–19 taxable years (levy years at issue), (2) unpaid liabilities reported on Forms 941, Employer’s QUARTERLY Federal Tax Return, for various taxable periods from 2014 to 2021 (levy periods at issue), 2 and (3) an

1 Unless otherwise indicated, statutory references are to the Internal Revenue

Code, Title 26 U.S.C., in effect at all relevant times, regulation references are to the Code of Federal Regulations, Title 26 (Treas. Reg.), in effect at all relevant times, and Rule references are to the Tax Court Rules of Practice and Procedure.

2 The levy periods at issue are the taxable periods ending March 31, June 30,

September 30, and December 31, 2014; March 31, June 30, and September 30, 2015;

Served 08/19/26

[*2] unpaid section 6721 civil penalty liability for the 2019 taxable year. The NFTL is with respect to the following unpaid liabilities that were assessed against petitioner: (1) an unpaid Form 940 liability for the 2019 taxable year, (2) unpaid Form 941 liabilities for various taxable periods from 2019 to 2021 (lien periods at issue), 3 and (3) an unpaid section 6721 civil penalty liability for the 2019 taxable year. In this Opinion we decide whether Appeals abused its discretion in sustaining the collection actions. We also decide whether to grant respondent’s Motion to Impose a Penalty, wherein respondent moves this Court to impose a penalty pursuant to section 6673 against petitioner for instituting these proceedings primarily for delay and/or because petitioner’s position is frivolous or groundless.

Background

The parties submitted this case to the Court for decision without trial under Rule 122. The Court incorporates by reference the parties’ Stipulation of Facts and the attached Exhibits. Petitioner’s principal place of business was in Ohio when the Petition was filed with the Court.

Petitioner is a limited liability company wholly owned by Percy Squire, who is an attorney admitted to practice before this Court. Mr. Squire operates his law practice through petitioner and has a history of repeated filings with this Court. 4 Petitioner’s Form 940 and Form 941

June 30, September 30, and December 31, 2016; March 31, June 30, September 30, and December 31, 2017; September 30 and December 31, 2018; March 31, June 30, September 30, and December 31, 2019; March 31, June 30, September 30, and December 31, 2020; and March 31, 2021.

3 The lien periods at issue are the taxable periods ending March 31, June 30,

September 30, and December 31, 2019; March 31, June 30, September 30, and December 31, 2020; and March 31, 2021.

4 Mr. Squire has filed six other petitions with this Court (including two others

besides the instant Petition on behalf of petitioner). On July 14, 2011, Mr. Squire filed a petition challenging a Notice of Determination sustaining a proposed levy for unpaid Form 941 liabilities for certain taxable periods in 2007 and 2008 and unpaid Form 940 liabilities for the 2007 and 2008 taxable years (Docket No. 16587-11L); in that case, the Court granted the Commissioner’s motion for summary judgment. Mr. Squire appealed that adverse decision to the U.S. Court of Appeals for the Sixth Circuit; however, in 2013 the Sixth Circuit dismissed his appeal for failure to prosecute. On March 5, 2012, Mr. Squire filed a petition challenging a Notice of Determination sustaining a proposed levy for unpaid Form 941 liabilities for certain taxable periods in 2006 and 2009 (Docket No. 6044-12L); in that case, the Court dismissed the petition for lack of jurisdiction because it was untimely. On February 29, 2016, petitioner filed a petition challenging a Notice of Determination sustaining a proposed levy for an unpaid Form 941 liability for a taxable period in 2010 and an unpaid Form 940 liability

[*3] liabilities both for the levy periods at issue and the lien periods at issue stem from returns filed without remitting sufficient federal tax deposits. The section 6721 civil penalty for the 2019 taxable year stems from failing to file Form W–2, Wage and Tax Statement, and Form W–3, Transmittal of Wage and Tax Statements, with the Social Security Administration.

After assessment of the liabilities and notice and demand for payment of the balance due with respect to the liabilities, the IRS sent petitioner Letter 1058, Final Notice – Notice of Intent to Levy and Notice of Your Rights to a Hearing, dated February 1, 2023 (levy notice). The levy notice advised petitioner that the IRS intended to collect its outstanding tax liabilities for both the levy periods at issue and the levy years at issue, which, through February 11, 2023, totaled $221,246.10, and that it had a right to appeal the proposed collection action. The levy notice also advised petitioner that the IRS might file an NFTL at any time to protect its interest, and indeed the IRS also sent petitioner Letter 3172, Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320, dated February 7, 2023 (lien notice), advising petitioner that an NFTL had been filed on February 7, 2023, with respect to its outstanding tax liabilities for the lien periods at issue and the 2019 taxable year and that it had a right to request a hearing to appeal the collection action and discuss payment options.

for the 2010 taxable year, and sustaining the filing of an NFTL for unpaid Form 941 liabilities for certain taxable periods in 2010 and 2013–15 and unpaid Form 940 liabilities for the 2009, 2010, 2013, and 2014 taxable years (Docket No. 4812-16L); in that case, the Court granted the Commissioner’s motion for summary judgment and warned petitioner that “the Court may well impose a [section 6673] penalty should it or Mr. Squire return to this Court without due cause to again unreasonably delay respondent from collecting petitioner’s tax liabilities in the future.” On July 17, 2019, Mr. Squire filed a petition challenging a Notice of Determination sustaining a proposed levy for an unpaid federal income tax liability for the 2016 taxable year (Docket No. 13308-19L); in that case, the Court granted the Commissioner’s motion for summary judgment and sanctioned Mr. Squire $5,000 pursuant to section 6673(a)(1). On January 21, 2021, petitioner filed a petition challenging a Notice of Determination sustaining a proposed levy for unpaid Form 941 liabilities for certain taxable periods in 2006 and 2007 (Docket No. 1816-21L); in that case, it filed a motion to dismiss its petition, which this Court granted and in doing so “again warn[ed] petitioner against bringing new matters before this Court solely for delay.” Finally, on June 13, 2024, Mr. Squire filed a petition challenging a Notice of Determination sustaining a proposed levy for unpaid federal income tax liabilities for the 2011 and the 2018–20 taxable years and an NFTL for unpaid federal income tax liabilities for the 2019 and 2020 taxable years (Docket No. 9737-24L); that case is pending before this Court. See Squire v. Commissioner, T.C. Memo. 2026-71, filed this date.

Free access — add to your briefcase to read the full text and ask questions with AI

Percy Squire Co LLC, (tax 2026).

Percy Squire Co LLC (Percy Squire Co LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Murphy v. Commissioner of IRS
469 F.3d 27 (First Circuit, 2006)
Peter Kuretski v. Commissioner of IRS
755 F.3d 929 (D.C. Circuit, 2014)
Green v. Comm'r
2014 T.C. Memo. 180 (U.S. Tax Court, 2014)
Lang v. Comm'r
2014 T.C. Memo. 183 (U.S. Tax Court, 2014)
Rosenthal v. Comm'r
2014 T.C. Memo. 252 (U.S. Tax Court, 2014)
Rader (Steven) v. CIR
616 F. App'x 391 (Tenth Circuit, 2015)
Goff v. Commissioner
135 T.C. No. 11 (U.S. Tax Court, 2010)
Hoyle v. Commissioner
136 T.C. No. 22 (U.S. Tax Court, 2011)
Kuretski v. Comm'r
2012 T.C. Memo. 262 (U.S. Tax Court, 2012)
Rader v. Commissioner
143 T.C. No. 19 (U.S. Tax Court, 2014)
Blair v. Comm'r
2016 T.C. Memo. 215 (U.S. Tax Court, 2016)
Goza v. Commissioner
114 T.C. No. 12 (U.S. Tax Court, 2000)
Sego v. Commissioner
114 T.C. No. 37 (U.S. Tax Court, 2000)
Pierson v. Commissioner
115 T.C. No. 39 (U.S. Tax Court, 2000)
Lunsford v. Comm'r
117 T.C. No. 17 (U.S. Tax Court, 2001)
Kendricks v. Comm'r
124 T.C. No. 6 (U.S. Tax Court, 2005)
Murphy v. Comm'r
125 T.C. No. 15 (U.S. Tax Court, 2005)
Hoyle v. Comm'r
131 T.C. No. 13 (U.S. Tax Court, 2008)
Leyshon v. Commissioner
649 F. App'x 299 (Fourth Circuit, 2016)