Yakuba G. Brown - Page 3

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               This matter is before the Court on respondent’s motion for             
          summary judgment, filed pursuant to Rule 121.  As explained in              
          more detail below, we shall grant such motion in part and deny              
          the motion in part.  We shall also, on the Court’s own motion,              
          dismiss for lack of jurisdiction and strike as to the taxable               
          years 1997, 1998, and 1999.                                                 
          Background                                                                  
               The record reflects and/or the parties do not dispute the              
          following facts.  On November 10, 2000, respondent sent to                  
          petitioner a notice of intent to levy regarding unpaid income tax           
          liabilities for 1997, 1998, and 1999.  Petitioner did not request           
          an Appeals Office hearing with respect to this notice.  On April            
          10, 2002, respondent sent to petitioner a notice of intent to               
          levy regarding unpaid income tax liability for 2000.  Petitioner            
          timely requested an Appeals Office hearing with respect to the              
          April 10, 2002, notice.                                                     
               During the period November 2002 through part of July 2003,             
          representatives of the IRS unsuccessfully attempted to contact              
          petitioner by telephone and letter.  A July 1, 2003, letter from            
          the IRS Appeals Office advised petitioner that he was entitled to           
          a hearing for the 2000 tax year pursuant to section 6330.  The              
          letter further advised that since a timely request for hearing              
          was not made for 1997, 1998, and 1999, an equivalent hearing                
          would be permitted as to those years.  However, the letter                  






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