Lawrence Jay Russ - Page 3




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          indicated, subsequent section references are to the Internal                
          Revenue Code, and all Rule references are to the Tax Court Rules            
          of Practice and Procedure.                                                  
               Petitioner filed the petition in this case in response to a            
          Notice of Determination Concerning Collection Action(s) Under               
          Section 6320 and/or 6330.  The only issue before the Court is               
          whether respondent abused his discretion in sustaining the                  
          decision to file a Federal tax lien with respect to petitioner’s            
          income tax liabilities for the taxable years 1998, 1999, 2000,              
          2001, and 2002 (years in issue).1                                           
                                     Background                                       
               Petitioner resided in California when he filed the petition            
          in this case.  The parties did not file a stipulation of facts.             
               Petitioner filed delinquent Federal income tax returns for             
          the years in issue.  Each return reported tax owed, but payment             
          was not included with the returns.  Respondent selected                     
          petitioner’s 1999 Federal income tax return for examination and             
          determined a deficiency for that year.  Respondent issued a                 
          notice of deficiency, and petitioner timely petitioned this Court           




               1 Respondent moved for summary judgment pursuant to Rule               
          121.  Having called this case for trial and taken petitioner’s              
          testimony, we will deny respondent’s motion for summary judgment            
          and decide this case on the merits.  Petitioner also made several           
          oral motions at trial.  For reasons discussed infra pp. 18-19, we           
          will deny petitioner’s motions.                                             





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