Tim W. Holliday - Page 2

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          review of respondent’s determination.  The issues for decision              
          are: (1) Whether petitioner’s underlying tax liability for 1999             
          is properly at issue; (2) whether respondent abused his                     
          discretion in sustaining the proposed levy and the filing of a              
          Federal tax lien; and (3) whether the Court should impose a                 
          penalty under section 6673(a).                                              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.2              
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time he filed the            
          petition, petitioner resided in American Canyon, California.                
               Petitioner did not file a Federal income tax return for                
          1999.  Respondent prepared a substitute for return for                      
          petitioner.  On August 7, 2002, respondent sent petitioner a                
          notice of deficiency, determining an income tax deficiency of               
          $7,986, a section 6651(a)(1) addition to tax of $1,551.25, and a            


               1(...continued)                                                        
          references are to the Internal Revenue Code, as amended.                    
               2  On Oct. 18, 2004, this Court issued an Order to Show                
          Cause under Rule 91(f), ordering petitioner to respond to                   
          respondent’s proposed stipulation of facts.  Petitioner responded           
          but failed to address specifically any of the proposed                      
          stipulations.  At trial, petitioner was again given the                     
          opportunity to object to any of the proposed stipulations.                  
          Petitioner contested only paragraph 10 of respondent’s proposed             
          stipulation of facts.  At trial, the Court ordered that                     
          respondent’s proposed stipulation of facts and attached exhibits            
          were deemed established and ordered paragraph 10 of the                     
          stipulation to be stricken from the record.                                 




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