Robert Newstat - Page 11

                                       - 11 -                                         
          On that September 27, 2002, date, respondent also issued to                 
          petitioner the aforementioned Notice of Determination Concerning            
          Collection Action(s) Under Section 6320 and/or 6330.  The notice            
          expressly pertained to the 1985 and 1999 taxable years8 and                 
          sustained the proposed levy action.  An attachment to the notice            
          recounted the administrative history of petitioner’s case and               
          concluded with the following:                                               
               The liability at issue for tax years 1985 and 1989                     
               [sic] resulted from self-filed income tax returns that                 
               have gone unpaid to date.  Mr. Newstat failed to submit                
               Form 433-A and without this information I am unable to                 
               evaluate your ability to pay.  Since we were unable to                 
               fully pursue collection alternatives because of your                   
               lack of interest, collection alternatives could not be                 
               achieved.  Thus, the notice of intent to levy is                       
               necessary and the least intrusive means of collection.                 
               Petitioner’s petition challenging this notice of                       
          determination was filed with the Tax Court on October 31, 2002,             
          at which time petitioner resided in Mt. Laurel, New Jersey.  The            
          petition focused on petitioner’s contention that he was denied a            
          “Due Process Hearing” and prayed that the Court issue an order              
          that he be provided with such a hearing.                                    
               Petitioner’s case was initially calendared for trial in                
          Philadelphia, Pennsylvania, on October 20, 2003, but was                    
          continued to February 9, 2004, on petitioner’s motion, which                
          motion relied principally on his assertions of poor health.                 


               8 A separate notice of determination was issued regarding              
          the trust fund recovery penalties.                                          





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