Michael L. Widner - Page 3

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               On May 24, 1999, respondent assessed the tax that petitioner           
          reported in his 1998 return.2  On September 17, 2001, respondent            
          assessed an addition under section 6651(a)(2) to the unpaid                 
          portion of such tax and interest as provided by law.  (We shall             
          refer to any such unpaid assessed amounts, as well as interest as           
          provided by law accrued after September 17, 2001, as petitioner’s           
          unpaid liability for 1998.)                                                 
               On September 17, 2001, respondent issued to petitioner a               
          notice of balance due with respect to petitioner’s unpaid liabil-           
          ity for his taxable year 1998.                                              
               On April 8, 2002, respondent issued to petitioner a final              
          notice of intent to levy and notice of your right to a hearing              
          (notice of intent to levy) with respect to his taxable year 1998.           
          On or about April 28, 2002, in response to the notice of intent             
          to levy, petitioner filed Form 12153, Request for a Collection              
          Due Process Hearing (Form 12153), and requested a hearing with              


               2On Oct. 19, 2001, respondent issued to petitioner a notice            
          of deficiency (notice) with respect to his taxable year 1998.  In           
          that notice, respondent determined a deficiency of $815 in                  
          petitioner’s tax for that year.  Petitioner did not file a                  
          petition with the Court with respect to that notice.  On Apr. 29,           
          2002, respondent assessed the deficiency of $815 that respondent            
          determined in the notice relating to petitioner’s taxable year              
          1998.  That deficiency is not part of the collection action as              
          determined in the notice of determination concerning the collec-            
          tion action for petitioner’s taxable year 1998 upon which this              
          case is based.  Respondent indicates in respondent’s motion that            
          if respondent proposes to collect the deficiency of $815 that               
          respondent determined in the notice relating to petitioner’s                
          taxable year 1998, “Petitioner will be entitled to a separate CDP           
          hearing” with respect to any such proposed collection action.               




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