Calvin L. Eubanks - Page 6




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               Petitioner did not pay the tax liability reported on his               
          1992 return.  Based upon the liability reported on the return,              
          which does not include interest, additions to tax, or penalties,            
          petitioner and the revenue officer agreed to an installment                 
          payment schedule at the time the return was prepared.  The terms            
          of the installment agreement are unclear, but it appears that               
          petitioner originally agreed to pay $100 per month toward his               
          outstanding 1992 Federal income tax liability.  We cannot tell              
          with any degree of certainty when the installment payments began            
          or ended, but as of the date of trial, petitioner had paid $2,514           
          towards his outstanding 1992 income tax liability.                          
               On September 8, 2000, respondent issued to petitioner a                
          Notice of Federal Tax Lien Filing and Your Right to a Hearing               
          Under IRC 6320 (the notice of lien).  According to the notice of            
          lien, petitioner’s then-outstanding liability for 1992 Federal              
          income tax and related items totaled $10,132.48.  Petitioner                
          timely submitted Form 12153, Request for Collection Due Process             
          Hearing.  Petitioner stated in this request that he disagreed               
          with the underlying liability because the liability in dispute              
          was computed taking into account income that he neither earned              
          nor received; namely, the income reported on the Form 1099 issued           
          by State Farm.  Petitioner’s administrative hearing was held on             
          February 13, 2001.  During the hearing, petitioner reiterated his           
          challenge to the underlying liability.  He did not raise any                






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