- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011