- 7 - tax and additions to tax for petitioner’s tax years 1990-91.3 Johnson v. Commissioner, 117 T.C. 204, 209 (2001); Lunsford v. Commissioner, 117 T.C. 159, 164-165 (2001).4 In Nestor v. Commissioner, supra, petitioner was provided an Appeals Office hearing relating to 1990-97 at which he raised only frivolous arguments. We held that respondent’s determination to proceed with collection of the tax liabilities assessed against petitioner for 1992-97 was not an abuse of discretion. By order, we remanded petitioner’s 1990-91 tax years because he did not receive notices of deficiency for 1990-91 and at the hearing did not have an opportunity to contest the underlying tax liabilities for 1990-91. Sec. 6330(c)(2)(B). B. Whether Respondent’s Determination To Proceed With Collection as to 1990-91 Was an Abuse of Discretion Petitioner previously made frivolous arguments in the proceedings conducted with respect to his 1992-97 years. See Nestor v. Commissioner, supra at 167. He did not challenge the appropriateness of respondent’s intended method of collection, 3 Although respondent determined to proceed with collection as to petitioner’s 1990-97 tax years, we consider here only petitioner’s 1990-91 tax years. We addressed petitioner’s 1992- 97 tax years in Nestor v. Commissioner, 118 T.C. 162 (2002). 4 At the time of trial in this case, it appeared that respondent’s failure to offer a hearing was a jurisdictional defect. Meyer v. Commissioner, 115 T.C. 417 (2000). However, after trial, this Court ruled that it would no longer follow Meyer. Lunsford v. Commissioner, 117 T.C. 159 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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