Timothy Harvey - Page 3

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          written a letter to a representative of the IRS advising that if            
          he did not hear from the IRS within 20 days as to the authority             
          requiring him to file a Federal income tax return, he would                 
          consider the matter closed.  The IRS not having responded,                  
          petitioner asserts that he is not required to do anything more.             
          Petitioner also included substantial tax protester rhetoric in              
          the petition.                                                               
               Petitioner requested and was granted small tax case status             
          pursuant to section 7463 and Rule 170-179.  At the time of filing           
          the petition herein, petitioner resided at Naples, Florida.                 
               On August 30, 1996, respondent lodged an answer with the               
          Court asserting an increased deficiency and increased additions             
          to tax.  Respondent also filed a motion to remove the small tax             
          case designation.  In the answer respondent asserted that                   
          petitioner, as the sole proprietor of Staying Young Unlimited,              
          received commission income from Matol Botanical International LTD           
          (Matol) in the amount of $84,436.34.  Thus, respondent claimed an           
          increased deficiency for 1993 in the amount of $31,959 (including           
          self-employment tax) and increased additions to tax under                   
          sections 6651(a) and 6654 in the amounts of $7,990 and $1,338,              
          respectively.   The basis for respondent's motion to remove the             
          small tax case designation was that, upon the filing of                     
          respondent's answer, the case no longer qualified for small tax             
          designation because the amount in dispute exceeded $10,000.                 
          After notice and hearing, the Court granted respondent's motion             




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