James D. Horn - Page 4

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          incompetent when he executed his income tax returns or the Forms            
          4549-CG in issue.  By signing the Forms 4549-CG for 1990 through            
          1993, petitioner waived his right to challenge the existence or             
          amount of his underlying tax liabilities for those years prior to           
          assessment and thereby conclusively acknowledged that he had an             
          opportunity to dispute those liabilities within the meaning of              
          section 6330(c)(2)(B).  Even if petitioner were entitled to                 
          dispute his tax liabilities for any of the years in issue,                  
          petitioner would not be entitled to any relief; petitioner failed           
          to offer credible evidence to substantiate any additional                   
          deductions or even to indicate the taxable year or years in which           
          they might have been properly allowed.                                      
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts, and the                 
          stipulations of facts and the attached exhibits are incorporated            
          herein.  Petitioner resided in Modesto, California, when he filed           
          his petition.                                                               
               At least for tax years into or through 1993, petitioner was            
          the president and shareholder of two corporations that he had               
          founded:  (1) Horn Construction, a real estate developer, and (2)           
          Horn Enterprises, a retail hardware business.                               
               On October 28, 1992, petitioner filed a joint Form 1040,               
          U.S. Individual Income Tax Return, with his former spouse, Donna            
          Kay Horn, for 1990, reporting total taxes due of $13,384 (of                

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