Joseph A. Loftus - Page 3

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               The petition in this case was filed in response to a Notice            
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330.  Pursuant to sections 6320(c) and 6330(d),                
          petitioner seeks review of respondent’s filing of a notice of               
          Federal tax lien for his tax liabilities for 1996 and 1997.1  The           
          issue for decision is whether respondent abused his discretion by           
          filing the notice of Federal tax lien for petitioner’s 1996 and             
          1997 tax liabilities.                                                       
               The stipulated facts and the exhibits received into evidence           
          are incorporated herein by reference.  At the time the petition             
          in this case was filed, petitioner resided in Houston, Texas.               
          The Underlying Liability                                                    
               Petitioner received premature distributions from his IRA and           
          section 401 accounts in 1996 and 1997, respectively, rendering              
          himself liable for the 10-percent additional tax on early                   
          distributions under section 72(t).  Petitioner’s 1996 and 1997              
          Federal income tax returns, filed pursuant to extensions,                   
          reported the distributions as income.  Petitioner, however,                 
          failed to pay the additional tax on early distributions due for             
          both years.                                                                 
               Respondent assessed the unpaid amounts and issued to                   
          petitioner a notice and demand for payment.                                 

               1Although respondent’s notice of determination also                    
          references 2000, for which the notice of Federal tax lien                   
          indicates a then-current liability of $43.03, the year was not              
          listed in the petition or addressed at trial.                               

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