David D. Smith - Page 4

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          Aguiar (1) That Mr. Gellner did not have the authority to                   
          represent petitioner with regard to tax matters; (2) that Mr.               
          Jones was appointed as petitioner’s attorney-in-fact for the                
          years in issue; and (3) that, although petitioner did not want to           
          withdraw his rights to a section 6330 hearing, the bankruptcy               
          automatic stay barred further administrative proceedings at that            
          time.                                                                       
               On May 25, 2004, respondent’s Office of Appeals issued to              
          petitioner separate Notices of Determination Concerning                     
          Collection Actions for the taxable years 1985 to 1995 and for the           
          taxable years 1996 to 1999.  The notices stated that respondent             
          determined that it was appropriate to proceed with the proposed             
          levies.  On June 28, 2004, petitioner filed with the Court                  
          petitions for lien or levy action challenging respondent’s                  
          notices.3  At the time the petitions were filed, petitioner                 
          resided in Las Vegas, Nevada.                                               
               On August 19, 2004, respondent filed motions to dismiss for            
          lack of jurisdiction on the ground the petitions were filed in              
          violation of the automatic stay.  On September 16, 2004,                    
          petitioner filed objections to respondent’s motions.  Petitioner            
          maintains that the Court should (1) conclude that petitioner                



               3The petitions arrived at the Court in an envelope bearing a           
          timely U.S. Postal Service postmark dated June 24, 2004.  See               
          sec. 7502(a).                                                               





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