Charles P. Durrenberger Jr. - Page 2

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          filing of a tax lien relating to petitioner’s 1998 tax liability            
          was appropriate.1                                                           
               The sole issue for decision is whether respondent’s                    
          determination that the filing of a tax lien relating to                     
          petitioner’s 1998 tax liability was appropriate was an abuse of             
          discretion.  We hold that it was not.                                       
                                  FINDINGS OF FACT                                    
          A.  Petitioner and His 1998 Income Tax Return                               
               Petitioner resided in Houston, Texas, when he filed the                
          petition in this case.                                                      
               Petitioner reported on his 1998 income tax return that he              
          had no wages, other income, or tax liability, and that he had               
          taxes withheld of $2,935.30.  He claimed a refund of $2,935.30.             
          Petitioner attached a letter to his 1998 return in which he                 
          contended that:  Wages are not income; petitioner is not required           
          by law to file a return or pay income tax; and respondent failed            
          to provide petitioner with a copy of the law requiring him to pay           
          income tax.                                                                 
          B.  Notice of Deficiency and Bankruptcy                                     
               On September 8, 1999, respondent sent a notice of deficiency           
          for 1998 to petitioner at the address shown on petitioner’s 1998            
          return.  In it, respondent determined a deficiency in                       


               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code as amended.                                           





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