Stuart M. Smith, Jr. - Page 2




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          shall sustain respondent’s determination as to the proposed levy.           
          Section references are to the applicable versions of the Internal           
          Revenue Code.  Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the exhibits submitted therewith are               
          incorporated herein by this reference.                                      
               Petitioner failed to file Federal income tax returns for               
          1985 and 1986.  The record establishes that respondent filed                
          substitutes for returns for those taxable years on February 7,              
          1990.                                                                       
               On September 28, 1994, respondent sent a notice of                     
          deficiency to petitioner.1  The notice determined that petitioner           
          was liable for a $4,489 deficiency in his 1985 income tax and               
          additions to tax under sections 6651, 6653(a)(1), and 6654                  
          totaling $1,601.  The notice also determined that petitioner was            
          liable for the time-sensitive addition to tax under section                 
          6653(a)(2).                                                                 
               Petitioner did not petition the Court with respect to the              
          notice.  That notice was returned to respondent with a                      
          handwritten note on the envelope: “moved from this address.”                


               1 The notice pertained to 1983, 1984, and 1985.  Because the           
          current action involves only 1 of these 3 years, namely, 1985, we           
          limit our discussion accordingly.                                           




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