Isaiah Israel - Page 13

                                       - 13 -                                         
          that year.  On the record before us, we conclude that respondent            
          improperly assessed the tax shown in that substitute for return             
          and proposed in that 30-day letter.  On that record, we further             
          conclude that respondent abused respondent’s discretion in                  
          determining to proceed with the collection action as determined             
          in the notice of determination regarding respondent’s assessed              
          amounts with respect to petitioner’s taxable year 1994.                     
               We now address petitioner’s taxable years 1995 and 1996.               
          The record establishes that respondent did not issue a notice of            
          deficiency with respect to 1995 or 1996 (except for the notice of           
          deficiency for 1996 and 1997 discussed above).  However, respon-            
          dent accepted and processed as filed the return that petitioner             
          mailed on or about May 24, 1999, to respondent for each of his              
          taxable years 1995 and 1996, in which he showed total tax of                
          $3,566 and $4,024, respectively, and total tax owed of $3,214 and           
          $3,842, respectively.  Moreover, respondent assessed such respec-           
          tive total tax reported in petitioner’s 1995 filed return and               
          petitioner’s 1996 filed return.  Finally, although petitioner did           
          not receive a notice of deficiency with respect to petitioner’s             
          unpaid liability for 1995 or 1996, the Court finds the conten-              
          tions and arguments which petitioner advanced at his Appeals                
          Office hearing, in his petition, and in petitioner’s trial                  
          memorandum and which challenge the existence or the amount of               
          each such unpaid liability to be frivolous and/or groundless.               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011