Daniel Hubbard - Page 7

                                        - 6 -                                         
          Petitioner has neither admitted nor denied that he ever                     
          received the notice.  Petitioner did not file a petition for                
          redetermination with the Tax Court.  See sec. 6213(a).                      
               On November 17, 2005, respondent assessed the                          
          determined deficiency of $6,419 “per default of 90 day                      
          letter,” the addition to tax for failure to file under                      
          section 6651(a)(1) in the lesser amount of $1,372.95, and                   
          the addition to tax for failure to pay estimated tax under                  
          section 6654(a) in the lesser amount of $976.                               
               Respondent issued a Final Notice, Notice of Intent to                  
          Levy and Notice of Your Right to a Hearing (which petitioner                
          admitted he did receive) on July 12, 2004.  On July 26,                     
          2004, petitioner sent to respondent a Form 12153, Request                   
          for a Collection Due Process Hearing (CDP hearing).  The CDP                
          hearing was held on March 21, 2005.                                         
               At the CDP hearing, petitioner restated all of his                     
          previous arguments that his income was not taxable according                
          to his interpretation of the Internal Revenue Code and other                
          materials.  No alternative collections options were                         
          discussed at the hearing.                                                   
               Respondent sent to petitioner a Notice of Determination                
          on April 27, 2005.  Petitioner filed his petition with this                 
          Court on May 5, 2005.  Respondent filed his motion for                      
          summary judgment, and the motion was heard at the Court’s                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011