Michael E. Nestor - Page 7




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          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).                      





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