Rubin Whitfield, Jr. - Page 3




                                        - 2 -                                         

          by levy Federal income taxes owing by petitioner for the year               
          1990 should proceed.  That determination was preceded by                    
          respondent's issuance to petitioner of a notice of intent to levy           
          and of petitioner's right to a hearing in connection with an                
          assessed balance of income taxes for 1990 of $486.77 and                    
          statutory additions of $2,142.20.                                           
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and are made part hereof.            
          At the time the petition for review was filed, petitioner was a             
          legal resident of Italy, Texas.                                             
               A notice of deficiency was issued to petitioner for 1990,              
          and respondent's determinations in that notice were never                   
          judicially challenged or litigated by petitioner.  Petitioner               
          was, in due course, assessed for the amounts determined in the              
          notice of deficiency.2                                                      
               In his petition for review, petitioner alleges that he had             
          previously entered into an agreement with a representative of               
          respondent to the effect that, if he made the equivalent of                 
          monthly payments over a 12-month period totaling $1,296, his                



               2    The notice of deficiency was not offered into evidence            
          at trial.  It appears that petitioner had not filed a tax return            
          for 1990; however, after the notice of deficiency was issued,               
          petitioner filed a return that mirrored the determinations in the           
          notice of deficiency.  In his petition and at the hearing,                  
          petitioner did not allege or contend that he never received the             
          notice of deficiency.                                                       





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011