Isaiah Israel - Page 5

                                        - 5 -                                         
          Petitioner stated:                                                          
               (1)6020(b) only authorizes IRS to make changes to certain              
               returns:  941, 940, 942, 943, 11(b), 720, 2290, 4638, 0141,            
               1065-form 1040 is not applicable.  (2) Code section 6212               
               states “The Secretary of Treasury” determines a deficiency &           
               the “Secretary” or his delegate shall notify taxpayer.  (3)            
               Code section 6215 makes it known a “notice of demand” form             
               17A must be sent to taxpayer none was sent by “Secretary”              
               (4) 6201 doesn’t allow Secretary to estimate a tax based on            
               a return omitted (5) No statute makes me liable for tax                

               On July 9, 2003, the Court issued Israel v. Commissioner,              
          T.C. Memo. 2003-198.  Petitioner had filed a petition in that               
          case in response to a notice of determination concerning                    
          collection action(s) under section 6320 and/or 6330 for taxable             
          years 1994, 1995, and 1996.5  Id.  The Court concluded that                 
          respondent did not abuse his discretion in determining to proceed           
          with the collection action with respect to 1996.  Further, the              
          Court stated:                                                               
               Finally, although petitioner did not receive a notice of               
               deficiency [before the section 6330 hearing] with respect to           
               petitioner’s unpaid liability for 1995 and 1996, the Court             
               finds the contentions 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.                                           



               5  After petitioner filed a petition with this Court to                
          review the notice of determination for 1996, on Mar. 28, 2002,              
          respondent issued to petitioner the notice of deficiency for 1996           
          and 1997 on the basis of omitted capital gain and interest income           
          that was not at issue in the sec. 6330 proceeding, but is at                
          issue in the instant proceeding.  Israel v. Commissioner, T.C.              
          Memo. 2003-198.                                                             





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