Michael J. Roberts - Page 2




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                       MEMORANDUM FINDINGS OF FACT AND OPINION                         

               NIMS, Judge:  This case arises from a petition for judicial             
          review filed in response to a “NOTICE OF DETERMINATION CONCERNING            
          COLLECTION ACTION(S) UNDER SECTION 6320 and/or 6330”.  The issue             
          for decision is whether respondent may proceed with collection               
          action as so determined.  Unless otherwise indicated, section                
          references are to sections of the Internal Revenue Code, as                  
          amended.                                                                     
                                   FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.                
          The stipulations of the parties, with accompanying exhibits, are             
          incorporated herein by this reference.  At the time the petition             
          was filed in this case, petitioner resided in Rancho Santa                   
          Margarita, California.                                                       
               Petitioner did not timely file Forms 1040, U.S. Individual              
          Income Tax Return, for taxable year 1989, 1990, or 1991.  On May             
          19, 1994, respondent by certified mail sent a statutory notice of            
          deficiency to petitioner for the 1989, 1990, and 1991 years.  The            
          notice was addressed to petitioner at “109 23RD STREET, UNIT 1,              
          NEWPORT BEACH, CA 92663-4309”, and nothing in respondent’s                   
          administrative files indicates that it was returned as                       
          undeliverable or unclaimed.  Respondent in the notice determined             
          the deficiencies and additions to tax set forth below:                       







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