Donnie Francis Schroeder - Page 2

                                         -2-                                          
          approximately $24,409.2  Following trial of the matter and                  
          concessions by respondent, we must decide as to 1995 and 1996               
          whether Appeals abused its discretion in sustaining the proposed            
          levy.3  We hold that it did not.                                            
                                     Background                                       
               Petitioner resided in Verdi, Nevada, when his petition was             
          filed.  He filed Federal income tax returns for 1995 and 1996,              
          and respondent determined a deficiency for each of those years.             
          Petitioner petitioned this Court to redetermine these amounts;              
          following trial we sustained respondent’s determination.  See               
          Schroeder v. Commissioner, T.C. Memo. 2002-211, affd. 63 Fed.               
          Appx. 414 (9th Cir. 2003) (Schroeder I).  Petitioner did not file           
          an appeal bond and respondent assessed on February 3, 2003, the             
          amounts due under our decision in Schroeder I.  Schroeder I was             
          affirmed on May 20, 2003.                                                   
               On May 15, 2003, respondent mailed to petitioner a Final               
          Notice, Notice of Intent to Levy and Your Right to a Hearing.               
          Petitioner requested the related section 6330 hearing, which was            
          conducted via correspondence.  Shortly after receiving                      


               2 We say “approximately” as these amounts were computed                
          before the present proceeding and have since increased on account           
          of interest.                                                                
               3 The petition in part sought review of respondent’s levy to           
          collect 1990, 1991, 1992, and 1993 penalties under sec. 6702.  We           
          dismissed those years because we lack jurisdiction under sec.               
          6330(d)(1) to consider such penalties.  Van Es v. Commissioner,             
          115 T.C. 324, 328-329 (2000).                                               




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