Michael W. Duncan - Page 8

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          sioner, 77 T.C. 334, 337 (1981).  We conclude that there are no             
          genuine issues of material fact regarding the issues raised in              
          respondent’s motion.                                                        
               With respect to respondent’s determinations that petitioner            
          has a deficiency in tax for each of the years at issue and that             
          he is liable for each of those years for an addition to tax under           
          section 6651(a)(1), on the record presented, we sustain those               
          determinations.5                                                            


               5In petitioner’s response, petitioner does not dispute                 
          respondent’s determinations that he has deficiencies in tax for             
          the years at issue.  In fact, petitioner admits in that response            
          that “There clearly are monies due and owing the IRS which the              
          petitioner admits to and wants to settle.”                                  
               Petitioner’s response, however, does not address the balance           
          of the issues presented in respondent’s motion.  To illustrate,             
          petitioner’s response states in part:                                       
               The respondent has filed a motion for summary judgment                 
               based upon lack of response and stated allegations and                 
               to this end I (we) request that you consider mitigating                
               circumstances, as follows:                                             
                    1.   Petitioner does not have funds to hire legal                 
                         counsel needed to prepare briefs and re-                     
                         sponses to motions.                                          
                    2.   Petitioner [sic] records were destroyed in a                 
                         flood [sic] August 22, 2002, at a warehouse                  
                         facility in Glenview, Illinois.                              
                    3.   Petitioner sustained a disabling injury re-                  
                         sulting in two (2) surgeries to his left foot                
                         with continuing care through Mayo Clinic                     
                         Rochester, Minnesota.                                        
                    4.   Petitioner requests the court to consider the                
                         six (6) year delay during which the IRS did                  
                         not assess outstanding taxes.                                
                    5.   In excess of 80% of amounts due and owing IRS                
                         are accrued interest and penalties resulting                 
                                                             (continued...)           




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