Michael E. Nestor - Page 6




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          23, 2002.  He did not do so, nor did he attend the hearing on May           
          23, 2002.  Respondent filed a report with the Court in which                
          respondent reported that petitioner did not propose an alternate            
          date for a hearing other than October 12, 2002, nor did he                  
          otherwise correspond with the Appeals officer.                              
               We ordered petitioner to respond to respondent’s report and            
          to show cause why the circumstances reported by respondent do not           
          provide a sufficient basis to enter a decision for respondent.              
          Petitioner’s response consisted of copies of the order to show              
          cause, sections 601.102 through 601.105, Statement of Procedural            
          Rules, and an index from the Code of Federal Regulations.  He               
          affixed to the pages five self-sticking, removable notes                    
          containing the following statements:  “Requested a postponement             
          to later date and was denied.  Michael Nestor”, “Enclosed is                
          material I would use at a hearing”, “No substitute return was               
          ever offered by IRS.  Surprise, surprise”, “Still can’t find law            
          that requires me to pay an income tax”, and “If you can find the            
          law please mail it to me.  Thank you”.                                      
                                       OPINION                                        
          A.   Background                                                             
               Respondent made a determination under section 6330 for tax             
          years 1990-97, and petitioner filed a timely petition for review.           
          Thus, we have jurisdiction under section 6330(d)(1)(A) to review            
          respondent’s determination to proceed with collection of income             






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