Brad Daniel Clarke, Sr. - Page 9




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          lacking sound basis in law, taking into account all the facts               
          and circumstances. See, e.g., Thor Power Tool Co. v.                        
          Commissioner, 439 U.S. 522, 532-533 (1979).                                 
               Petitioner’s underlying tax liability for 1999 is not at               
          issue because petitioner received a notice of deficiency for that           
          year and agreed, in a stipulated decision entered by the Court,             
          that he owed, in addition to the self-assessed amount of $4,587             
          ($1,922 of which had already been paid through withholding                  
          credits), tax of $1,170, together with interest.3  See sec.                 
          6330(c)(2)(B).  Therefore, we review respondent’s determination             
          for abuse of discretion.                                                    
          Petitioner’s first claim is that respondent abused his                      
          discretion by refusing to enter into an installment agreement               
          with petitioner for 1999, the tax year in issue, unless the 2004            
          year were also included.  Petitioner did not believe that he owed           


               3Also, an addition to tax arises upon the taxpayer’s failure           
          to pay income tax when it is due.  Respondent seeks to collect              
          this addition to tax because petitioner did not timely pay the              
          1999 tax liability as he had agreed.  See sec. 6651(a)(2) and               
          (3).  It appears that respondent assessed this addition to tax in           
          November of 2000 and again in May of 2006.  Petitioner did not              
          raise the issue of his liability for the addition to tax during             
          his sec. 6330 hearing or otherwise bring it to the attention of             
          the Appeals Office.  Therefore, we do not consider it even though           
          petitioner raised this issue in his petition.  See sec. 301.6330-           
          1(f)(2), A-F5, Proced. & Admin. Regs.  If the issue were properly           
          before us, and if, as appears to be the case, petitioner did not            
          receive a notice of deficiency with respect to the addition to              
          tax or otherwise have an opportunity to dispute it, our review              
          would be de novo.  Sego v. Commissioner, 114 T.C. 604, 609                  
          (2000).                                                                     






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