Michael Craig v. Commissioner - Page 3




                                         -3-                                          
          Respondent acknowledges that petitioner was entitled to and                 
          should have been given a Hearing.  All the same, respondent                 
          argues, the Court has jurisdiction to decide this case.                     
          Respondent argues that respondent’s failure to grant petitioner’s           
          timely request for a Hearing was harmless error because                     
          petitioner was offered and attended an “equivalent hearing” under           
          section 301.6330-1(i), Proced. & Admin. Regs. (equivalent                   
          hearing), and received a decision letter (decision letter) as to            
          the equivalent hearing.                                                     
               We hold that we have jurisdiction.  Also, we shall grant               
          respondent’s motion for summary judgment, and we shall impose a             
          $2,500 penalty against petitioner.  Unless otherwise noted,                 
          section references are to the applicable versions of the Internal           
          Revenue Code.  Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
                                     Background                                       
          A.   Income Tax Returns for 1990, 1991, and 1992                            
               Petitioner and his wife, Lorraine Craig (Ms. Craig), did not           
          file timely Federal income tax returns for 1990 and 1991.  On               
          February 18, 1993, respondent prepared and filed substitutes for            
          returns for those years under section 6020.  In preparing the               
          substitutes for returns, respondent relied on information                   


               2(...continued)                                                        
          266 (1998); 1998-3 C.B. 747, 1020.  We refer to it as a                     
          “Hearing”.                                                                  





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