Robert Newstat - Page 3

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          transpiring with the Appeals officer in the spring and summer of              
          2002 were to represent his opportunity to be heard with respect               
          to 1999 as well as 1985.  Accordingly, the Court held as follows              
          regarding 1999:                                                               
                    Here, because the assessments at issue for 1999                     
               were based upon the amounts reported on petitioner’s                     
               filed tax return, and petitioner never received a                        
               notice of deficiency or other opportunity to dispute                     
               those amounts, he would be entitled to challenge his                     
               underlying liabilities in this collection proceeding.                    
               Montgomery v. Commissioner, 122 T.C. 1, 9 (2004).  The                   
               Form 12153 submitted by petitioner indicates a desire                    
               to claim business expenses not shown on his original                     
               return.  In light of our conclusion regarding the lack                   
               of a hearing for 1999, we believe that petitioner                        
               should be afforded a final opportunity to supply                         
               relevant documentation.  Petitioner will also have a                     
               further chance to raise relevant issues reviewed for                     
               abuse of discretion, such as collection alternatives.                    
                    We caution petitioner, however, that were it not                    
               for the unusual circumstances of this case, his history                  
               of delay and failure to supply information would give                    
               us pause.  We remind petitioner that section 6330 does                   
               not afford him an unlimited right to present                             
               information in person and at a time or place of his                      
               choosing.  If petitioner cannot promptly meet with an                    
               Appeals officer to submit documentation and other                        
               pertinent data, we would expect him to do so through a                   
               representative or by written or telephonic                               
               communication.  Otherwise, respondent will be in a                       
               position to close petitioner’s 1999 case on the                          
               existing record.  [Newstat v. Commissioner, supra.]                      
          The Court also issued an order dated September 16, 2004,                      
          directing that an administrative hearing be offered to                        
          petitioner, to be held no later than January 15, 2005, and that               
          the parties submit status reports on or before January 31, 2005.              







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