John R. Forrest - Page 7

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          tax liability is not at issue, we review the determination for              
          abuse of discretion.  Id. at 182.  Whether an abuse of discretion           
          has occurred depends upon whether the exercise of discretion is             
          without sound basis in fact or law.  See Ansley-Sheppard-Burgess            
          Co. v. Commissioner, 104 T.C. 367, 371 (1995).                              
               In the instant case, it is undisputed that petitioner                  
          received a notice of deficiency with respect to the outstanding             
          liabilities for 1991, 1992, 1993, and 1994.  Petitioner timely              
          petitioned this Court for a redetermination of the asserted                 
          deficiencies, and an opinion and decision ensued which sustained            
          the 1991-94 deficiencies in full and imposed a section 6673                 
          penalty on petitioner.  See Forrest v. Commissioner, T.C. Memo.             
          1998-369.  Consequently, petitioner was precluded from disputing            
          the underlying tax liabilities for 1991-94 at his hearing and               
          herein, see sec. 6330(c)(2)(B), and our earlier decision would in           
          any event be res judicata.                                                  
          The only argument petitioner maintains in opposition to                     
          respondent's motion is his contention, raised in his hearing and            
          in the petition, that the liabilities at issue may not be                   
          collected because the Federal income tax is unconstitutional.2              

               2 Petitioner also argued in his petition that he did not               
          receive notice of the assessment of the liabilities at issue, but           
          did not renew that argument in his opposition to respondent's               
          motion.  Assuming arguendo the argument has not been abandoned,             
          this claim is unavailing.  The notice of intent to levy, receipt            
          of which by petitioner is undisputed, was sufficient to satisfy             
                                                             (continued...)           





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