Brad Daniel Clarke, Sr. - Page 3




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          is not reviewable by any other court, and this opinion shall not            
          be treated as precedent for any other case.                                 
               The petition in this case was filed in response to a Notice            
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330 (notice of determination).  Pursuant to section            
          6330(d), petitioner seeks review of respondent’s proposed levy              
          action with respect to his income tax liability for tax year                
          1999.  The issue for decision is whether respondent’s                       
          determination to proceed with the proposed levy action for tax              
          year 1999 was an abuse of discretion.                                       
                                     Background                                       
               At the time petitioner filed the petition, he resided in               
          Houston, Texas.  Petitioner filed a Federal income tax return for           
          the tax year 1999 which showed tax of $4,587, a withholding                 
          credit of $1,922, and a balance due of $2,665.  Respondent                  
          assessed the tax shown on petitioner’s 1999 return, plus                    
          additions to tax and interest.  Thereafter, respondent audited              
          petitioner’s 1999 return, determined a deficiency of $1,170, and            
          issued a notice of deficiency.  Petitioner filed a petition with            
          this Court with respect to the 1999 tax year, but the case for              
          that year was never tried because the parties agreed to a                   
          stipulated decision, which was entered on February 28, 2003.  In            
          the decision document, the parties stipulated that there was a              
          deficiency of $1,170 for 1999.  The parties further stipulated              







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